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ECBA Urges State Department To Seek Justice for Bakari Henderson

ECBA urged the U.S. State Department to “deploy all necessary resources and undertake every effort” to seek justice for Bakari Henderson, a 22-year-old African-American U.S. citizen brutally beaten to death in Greece in July.

On the night of July 7, 2017, a group of men chased Bakari from a bar in Zakynthos, Greece, and savagely beat him in the street.  Their motives are not yet known.  Bakari died of the severe head injuries he sustained.  Nine men have been arrested.

Bakari was a recent graduate of the Eller College of Management at the University of Arizona.  At the time of his death, he was in Greece working on a new clothing line he was developing.  He had interned for the Texas House of Representatives and State Senate, which honored him after his death.  Bakari’s family and friends remember him as a leader with a voice of reason who was fun-loving, peaceful, and calm.  The Henderson family has created the Travel with Bakari initiative to honor his legacy as a compassionate, friendly, inquisitive, intelligent young man.

ECBA represents Bakari’s parents, Phil and Jill Henderson.  On behalf of the Henderson family, ECBA urged the State Department to “take all available measures to help ensure the impartiality and thoroughness” of the Greek authorities’ investigation into Bakari’s death.  The letter seeks accountability for “all those who bear responsibility for Bakari’s death” and demands that the investigation “fully explore the attackers’ motives, including any potential bias or hatred.”

ECBA attorneys Jonathan S. Abady, Earl S. Ward, and Doug Lieb represent the Henderson family.  To read the letter, click here.

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ECBA Represents Amica Curiae Professor Sarah Chayes In Landmark Emoluments Clause Suit Against Donald Trump

On January 23, 2017, Citizens for Responsibility and Ethics in Washington filed a landmark federal lawsuit in New York against Donald Trump, prompted by his violations of the Domestic and Foreign Emoluments Clauses of the United States Constitution.  On August 11, 2017, ECBA filed an amicus curiae brief in support of CREW on behalf of Sarah P. Chayes, an internationally-recognized expert in corruption and kleptocratic regimes and a Senior Fellow with the Carnegie Endowment for International Peace. Chayes argues that Trump’s business interests promote corruption, undermine U.S. foreign policy, and threaten American democracy.  CREW’s Second Amended Complaint is available here.  Chayes’s amicus brief is available here.  The New York Times, the Washington Post, Bloomberg, and Slate, among other outlets, have covered the lawsuit.

ECBA attorneys Ilann M. Maazel and Emma Freeman represent Sarah Chayes.

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ECBA Reaches Over $12 Million Settlement on Behalf of Family of Children Killed in Fire

The City of Stamford and two of its employees, Ernest Orgera and Robert DeMarco, have agreed to pay $6.65 million to settle wrongful death claims by the Estates of Lily Badger, Sarah Badger, and Grace Badger. The settlement includes a $250,000 annuity to the Stamford Chapter of the Girl Scouts of America to fund scholarships for young girls. Previous settlements with other defendants in the case totaled over $6 million, for a total settlement of over $12.7 million.

The case arose from a tragic house fire in Stamford, Connecticut on Christmas Day, 2011. Lily, 9, and Sarah and Grace, each 7, all died in the fire, as did their grandparents, Lomer and Pauline Johnson. The settlement marks the end of more than five years of investigation and litigation. Matthew Badger, the girls’ father and the original administrator of their estates, brought the case in June 2012.

ECBA attorneys Richard D. Emery, Ilann M. Maazel, Sam Shapiro, Jessica Clarke, Vasudha Talla, and Jennifer Keighley represented the Badger estates at various stages of the litigation.

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NYCLU and ECBA Call for End to Investigation of Brooklyn Principal’s Political Speech

The New York Civil Liberties Union (NYCLU) and ECBA today urged the New York City Department of Education (DOE) in a letter to end its investigation into the free speech activities of the Park Slope Collegiate School principal Jill Bloomberg.  The DOE is investigating the principal, vice principal, two teachers, and an aid for allegedly being members of the Progressive Labor Party and for recruiting students to the PLP and to PLP events.  The principal alleges that the investigation is in retaliation for her repeated complaints to DOE about the discriminatory allocation of sports teams.  The letter explains that principals and teachers do not lose their right to free speech just because they work at a school.  Investigators have pulled students out of class to interrogate them without informing parents.  Students were asked whether their teachers were communists and were questioned about whether they or their parents had gone to political rallies or meetings.  “Investigating students’ and teachers’ political beliefs is offensive and unconstitutional, regardless of what those beliefs are,” said ECBA partner Elizabeth S. Saylor, who is representing the parents of a middle school student interrogated without parental consent. “This kind of knock-off McCarthyism is entirely inappropriate. The out-of-control investigation has made students afraid to speak out against segregation and inequality in their schools. This unconstitutional investigation must stop now.”

To read the letter, click here. To read New York Daily News coverage, click here.

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ECBA Attorneys Featured in Video About Debt Collection Class Action

Public Justice produced videos for the finalists for the 2017 Trial Lawyer of the Year Award. This one summarizes the Sykes v. Harris case, a years-long litigation in which ECBA, MFY Legal Services, and the New Economy Project won $60 million for a class of consumers victimized by illegal debt collection practices.

 

ECBA attorneys Matthew Brinckerhoff and Debra Greenberger are featured in the video. Learn more about the case here and read the New York Times’ coverage of the settlement here.

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$125K Settlement in ECBA Housing Discrimination Case

A White Plains housing cooperative and rental management company have paid $125,000 to settle a housing discrimination case initiated by M. Forster, a 34-year old disabled man living in Westchester County, New York.  Mr. Forster sought to purchase an apartment in a building owned by the coop and managed by the rental company using his special needs trust, but was told that ownership by trust was not permitted.  The suit, filed by the U.S. Department of Justice,  challenged the coop’s and management company’s refusal to grant Mr. Forster a reasonable accommodation.  The settlement was covered by Westfair Online here, and a press release issued by the government can be found here.

ECBA attorneys Diane L. Houk and Alanna Kaufman represented Mr. Forster and his special needs trust.

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Federal Court Rejects Motion to Dismiss the “Bronx Zoo” Group Home Lawsuit

On July 5, 2017 federal judge Paul A. Engelmayer denied motions brought by several New York State employees to dismiss a lawsuit filed by ECBA on behalf of family members of three developmentally disabled adults alleging rampant abuse and neglect at a State-run group home in the Bronx. In an opinion noting that the facts in the complaint were enough to “shock the conscience,” Judge Engelmayer upheld claims under city, state, and federal law, seeking both monetary damages and an injunction to protect residents’ civil rights. The decision finds that the lawsuit adequately alleged that state-employed facility staff “cruelly abused persons with disabilities for no valid reason, but instead out of malice, spire, impatience, or sport,” concluding that such “physical abuse of helpless persons cannot be said to serve a legitimate governmental interest in a civilized society.” The opinion also finds the allegations sufficient to claim that supervisors and administrators within New York State’s Office for People With Developmental Disabilities were reckless in failing to stop the abuse, referring to an OPWDD Regional Director as “taking woefully insufficient action” and responding “minimally if at all” to abuse and neglect reports.

ECBA’s Ilann Maazel and David Lebowitz represent the plaintiffs. To read the opinion, click here. To read past coverage of this case, click here.

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ECBA Brings Wrongful Arrest Lawsuit on Behalf of Keith Mitchell

ECBA brought suit on behalf of Keith Mitchell against the NYPD detective who wrongfully arrested and prosecuted him for a burglary and assault he did not commit.  Mr. Mitchell spent more than two years at Rikers Island waiting for a trial to clear his name before being acquitted by a jury.  To read the New York Daily News’ coverage of this lawsuit click here.  Mr. Mitchell is represented by Debra L. Greenberger and Doug Lieb.

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Tamir Rice Family Expresses Its Outrage at 10 Day Suspension for Officer Involved in Killing of Tamir

The announcement today by the City of Cleveland that the officers involved in the shooting death of twelve-year-old Tamir Rice have been disciplined has only added insult to the pain and grief of the Rice family. Although pleased with the termination of Officer Timothy Loehmann, the decision says nothing about his unlawful actions in shooting young Tamir without cause or justification. Loehmann was terminated not for causing Tamir’s death but rather for lying on his employment application.

The Rice family is disheartened by the decision to suspend Officer Frank Garmback for a mere 10 days where it has been determined that he failed to employ proper tactics when he drove directly up to Tamir thus contributing to the chain of events that resulted in Tamir’s shooting.

Samaria Rice, Tamir’s mother, described the discipline as “deeply disappointing. I am relieved Loehmann has been fired because he should never have been a police officer in the first place—but he should have been fired for shooting my son in less than one second, not just for lying on his application. And Garmback should be fired too, for his role in pulling up too close to Tamir. As we continue to grieve for Tamir, I hope this is a call for all of us to build stronger communities together.”

Tamir’s family is represented by ECBA attorneys Jonathan AbadyEarl Ward, and Zoe Salzman, together with William Mills of FirmEquity and Subodh Chandra of The Chandra Law Firm LLC.

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NY AG Announces Successor Settlement to ECBA Race Discrimination Case Against Former Pro-Nazi Residential Community

The New York Attorney General announced a settlement agreement with the German American Settlement League (“GASL”), to continue reforms achieved in a previous settlement obtained by ECBA. The GASL, a membership-based nonprofit, was alleged to have excluded non-whites from purchasing homes in its Long Island community since the late 1930s.  The new AG settlement includes changes to GASL’s membership policies, the replacement of its President and Treasurer, and regularly reporting to the AG to demonstrate compliance. An interview with ECBA attorney Andrew Wilson concerning the two GASL settlements on CBC’s “As It Happens,” can be heard here. The entire segment is available here.

Plaintiffs in the ECBA matter were represented by ECBA attorneys Diane L. Houk and O. Andrew F. Wilson.

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