randya

https://animalnewyork.com/2009/07/cyc...-nypd-assault/

bmclaughlin807

Yes... what about it?

randya

I hadn't heard about the lawsuit before, so consider this an update, sorry if it's been posted before

Spider

I'm glad to see the cop was summarily dismissed for his behavior, but I have no doubt that he would still be on the job today were it not for the video. I see no reason why a person's testimony should be considered more credible than the average person just because they wear a badge, but such is the case in this society. As more videos like these emerge, it's becoming plainly obvious what a fallacy that is.

Digital_Cowboy

Given the mental and emotional trauma the rider suffered I'm not sure that $1.5 million really is enough. I mean he's been so traumatized by the event that he no longer lives in NYC. Those are the scars that will last a lot longer and run a lot deeper then any physical injury that he received from being body slammed to the ground by the cop.

Plus if you think about it he probably now has a fairly justified "fear" of cops slamming him and his bike to the ground again. And as such probably gets rather nervous when he's riding and sees a cop in front of him.

Besides having been fired, I hope that that former rookie cop has to do some jail and community service time. And that said community service should be in a trauma ward.

Roody

I remember this incident very well, and the outcry against the cyclist on this very forum. most people here thought the rider was guilty and deserved it, for the simple fact that he was participating in a CM ride.

ilmooz

Feel free to chip in more if you like. I'm sure your personal check will be accepted.

Speedo

Go back and check the threads again.

https://www.bikeforums.net/road-cycling/447008-critical-mass-bicyclist-assaulted-nypd-video.html

https://www.bikeforums.net/showthread...+critical+mass

While there was no shortage of posters who used the opportunity to bash Critical Mass, there was only a small minority who posted that that the rider was guilty and deserved it. After the police report came out and it was clear that the cop had lied, even that quieted down.

Speedo

CB HI

It is an update not previously posted. So what is your beef about someone posting an update that others might want to read?

bmclaughlin807

He posted a link to an article several months old asking if anyone remembered it.... No mention that 'Hey, I just came across this and....'

So... I was asking WHY he brought it up. *shrug* No need to get offended, and no 'beef' involved. I was just trying to figure out WHY the OP brought it up. Turns out it was because he just found it. *shrugs*

I DID happen to see something about the lawsuit several months ago.

And before you go off on me about it not being previously posted:

https://www.bikeforums.net/advocacy-safety/559489-ny-bicyclist-sues-nypd-1-5-million.html

hannahmontana

Well, now the NYPD is getting sued for 1.5 million dollars, that's what.

bmclaughlin807

No, they were getting sued several months ago... And this statement (made by another poster) has already been answered.

wheeldeal

What's the point of this thread again? Isn't this old news?

Commando303

Shouldn't the cop have been arrested for assault...? Yes, yes: we're all happy he was fired, but that's hardly something over which to be content. If I work at Burger King, and kick some guy's ass in the street, my being terminated from my position serving up smiles (wrong franchise — so what?) is hardly adequate. So, Pogan held a position in which he asked the community for trust (you tend to have to do so for a job in which you carry a loaded firearm); that doesn't mean his dismissal from service is enough. The man committed a crime, and he ought to pay for it as would any other citizen.

Digital_Cowboy

You don't think that he's entitled to a settlement? Or you don't think that he's entitled to the amount that he's suing for?

Think about it, here is a person who was attacked by a NYC rookie cop, fresh out of the academy with only three weeks on the job. Who slams Long and his bike to the ground, then he and possibly his partner lied in his/their official report making Long look like he was the instigator. When as the video shows Long was doing everything he could to avoid the officer in question. But the Pogan was doing everything that he could to engage the cyclist. Clasping both hands together to knock Long off of his bike.

Also if you pay attention to the video Pogan and his partner are standing in the "middle of the road" observing the riders then when group of riders passing them is thinning out it looks as if Pogan is herding Long towards the crib before finally attacking him. The way it looks to me it's almost as if Pogan was "stalking" Long before assaulting him.

And as has been pointed out if it wasn't for the existence of the video "everyone" would have accepted the "official" version and Long would be looking at arrest for:

• assault
• resisting arresting
• disorderly conduct

I have to say that I am kind of surprised that the city itself isn't listed in the article as being a party in the lawsuit. As both the city and Pogan should be sued as well. The city because as a NYC cop Pogan is a city employee and as such the city is responsible for his actions as is the NYC police department. And of course I think it goes without saying why Pogan should be sued.

The bottom line is that is not some "frivolous" lawsuit, Pogan screwed up by assaulting Long, he compounded that initial screw up by falsifying an official report. If this is what the police academy is teaching it's recruits then we are in trouble.

Do this put yourself in Long's shoes. How much would YOU sue for? And how much would you be willing to settle for? Keep in mind that whatever amount Long wins his lawyer(s) will probably at a minimum take between somewhere 10 and 20% as his/their fees.

Digital_Cowboy

Exactly, and hopefully he will eventually be arrested and tried and if convicted serve the same amount of time as any other person who assaults someone. The sad truth is that getting fired is probably going to be the stiffest penalty he'll face. And he'll either move on to be a cop in another city in another state. Or become a rent-a-cop in a mall somewhere.

In either case I feel sorry for those that he is suppose to serve and protect. Because from the video we know he is more concerned with covering his own ass then doing his job the correct way.

Buddha4

D_C: no lawyer will take the case for 10-20%. closer 30-40%. regarding the job hopefully the POST certification gets pulled and getting fired sets up a nice civil suit.

wheeldeal

I bet Long ends up going home with $200k at the end of the day. Not a bad deal for riding a bike through Times Square if you ask me. Do you know if lawsuits settlements are taxable income?

Digital_Cowboy

I was thinking that that would be a bare minimum that a lawyer would take the case for. And you are probably right on the 30 - 40%. And hopefully as you said his POST get's pulled and ends up in a nice fat civil suit.

Digital_Cowboy

I don't think that the settlement from a lawsuit itself is tax free, but if worded correctly the party being sued could be responsible for the taxes. I was just looking at the bio of an actress the other day (I can't remember who now) that when she divorced her husband her settlement was tax free. Which I suspect means that her ex is the one who paid the taxes on her settlement.

So in that regards, yes it can be tax free. But once you put it into the bank and it starts collecting interest that interest is taxable.

ilmooz

There's no disagreement that it's not a frivolous lawsuit, but no, I don't think 1.5 million is reasonable compensation for a body check onto the sidewalk. If you or I had done that and were sued for "pain and suffering" the amount sought would likely be far less, perhaps in the $20,000 range, maybe even less. I disagree with seeking the relatively astronomical figure of 1.5 million based on the fact that New York City has deeper pockets to tap into. Compensation should be based on the damage done, not the assets of the person or entity liable.

Then again, that's not how the real world works, is it? The city will settle out of court to avoid going to trial to defend a case that seemingly cannot be won, and to avoid the possibility of a jury awarding even more than the 1.5 million asked. Ultimately, Long will receive a larger settlement because it's a slam dunk case involving liability on NYC. I don't think that, in and of itself, justifies greater compensation.

I believe the settlement will be tax free too.

wroomwroomoops

Not for me, it isn't. I'm glad it was posted.

wroomwroomoops

Jesus H. Christ guys, you're really thick, aren't you? Do you really believe that the damages are sought for being thrown to the pavement & resulting injuries?

Digital_Cowboy

That is probably true, but if we body check/slam someone onto the sidewalk are we going to cause them to have a reasonable fear of LEO's, I don't think so. Or if we body check/slam someone onto the sidewalk are we going to cause them enough mental or emotional anguish to cause them to feel the need to not only move out of the city but out of the state, again I don't think so. So in this case it does go beyond "simple pain and suffering."

Exactly, which is why we see so many lawsuits with "ridiculously" high amounts being asked for. Because of the likelihood that the individual/entity being sued willingness to settle out of court in order to avoid a lawsuit that it possibly can't/won't win. As well as individual bringing the suit's willingness to settle for a lesser amount in order to be done with the case.

Even if the case does go to court after taxes (provided that the settlement isn't worded so that it'll be tax free), lawyer's fee's and whatnot. How much of that 1.5 million can Mr. Long really expect to take home? Sadly, it's because of taxes, lawyer fees, and other costs that we may not be aware of that people suing ask for such "ridiculously" high amounts when they sue. That and sadly in a lot of cases if one just sues for what they are out there is a tendency not to take them seriously. The same is also true if one asks for why too much. Like say 1.5 million in a simple cut and dried no damage other then broken skin dog bite. But in the case of a simple cut and dried no damage other then broken skin dog bite case I would expect to see several hundred to a thousand or so dollars asked for. For medical bills and pain and suffering.

This case however is vastly different. Here we have an official who is suppose to be protecting the public using his shield and position of authority to assault an individual. Not only causing said individual physical injury but mental as well as emotional. And on the mental and emotional (given that it is understandable that Mr. Long would now have a fear of cops) how do you really put a price tag on that?

Digital_Cowboy

No, I can see how Mr. Long would have a very real fear of cops after his encounter with then officer now Mr. Pogan.

Also as I said, to me it looks as if Mr. Pogan "targeted" Mr. Long for assault, how else does one explain why Mr. Pogan "suddenly, and rapidly" moved from the "center" of the street to body slamming Mr. Long to the sidewalk?