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ECBA Represents Jamel Floyd’s Family in Investigation Into Mr. Floyd’s Senseless Death at the MDC

ECBA is representing Donna Mays, the mother of Jamel Floyd, and their family, in an investigation into the tragic, untimely death of Mr. Floyd, who died on June 3, 2020 while incarcerated at the Metropolitan Detention Center (“MDC”) in Brooklyn, a prison operated by the United States Department of Justice Federal Bureau of Prisons (“BOP”).  Mr. Floyd, a 35-year old Black man, was eligible for parole in only three months, and had planned to rejoin his family in Hempstead, Long Island.  According to initial reports, on June 3, Mr. Floyd—who was asthmatic—was pepper sprayed by correction officers while he was locked in his cell, subjected to force, placed in restraints, and removed from his cell, at which point he was found to be unresponsive.  He was then taken to a local hospital, where he was pronounced dead.  The DOJ and FBI are both investigating Mr. Floyd’s death.

Mr. Floyd’s family has led the call for justice and accountability at protests outside the MDC, demanding answers about the violence and force that caused Jamel’s death.  Mr. Floyd’s death has sparked outrage throughout New York City and beyond as millions of individuals continue to protest the deaths of African American people resulting excessive force at the hands of law enforcement officers.

Read coverage of Mr. Floyd’s death in the New York Times, New York Daily News, and Newsweek.

Information regarding ECBA’s current class action litigation challenging conditions of confinement at MDC can be found here.

ECBA Attorneys Katherine Rosenfeld, Earl S. Ward, and Nick Bourland represent Ms. Mays and the family of Jamel Floyd.

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ECBA Files Federal Class Action Challenging False Arrests of Visitors to Rikers Island

On December 3, 2019, ECBA and co-counsel Romano & Kuan PLLC filed a federal class action lawsuit on behalf of visitors to Rikers Island who were baselessly arrested and accused of smuggling synthetic marijuana, known as “K2,” onto Rikers Island.  All five lead Plaintiffs were visiting loved ones on Rikers Island and brought books with them, either as gifts to the inmates or to read themselves while they waited.  All five were baselessly arrested and prosecuted on accusations of transporting K2 on the pages of their books.

All charges against the lead Plaintiffs were dropped at their initial court appearances following their arraignments.  Even once charges were dropped, all lead Plaintiffs were banned from all City correction facilities for anywhere from six months to one year, and the inmates whom they were visiting were denied the ability to have contact visits. The Complaint alleges that the City has a practice of making these wrongful arrests of persons who have done nothing more than bring a book to an incarcerated loved one.

To read the complaint, click here.

To read coverage of the lawsuit in the New York Daily News, click here.

ECBA’s Matt Brinckerhoff, Earl Ward, and David Berman, along with Julia Kuan of Romano and Kuan, represent the plaintiffs.

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Ten ECBA Attorneys Named as Super Lawyers; Four Named as Rising Stars

ECBA is proud to announce that partners Richard EmeryAndrew CelliMatthew BrinckerhoffJonathan AbadyIlann MaazelEarl WardHal LiebermanDan KornsteinAndrew Wilson, and Elizabeth Saylor were named as Super Lawyers for 2019. Partners Zoe Salzman and Sam Shapiro and associates David Lebowitz and Alanna Kaufman were named as Rising Stars.

The Super Lawyers list is issued by Thompson Reuters. A description of the selection methodology can be found here.

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Black Intelligence Detectives Settle Bias Suit for $974,000

ECBA settled a suit on behalf of three black detectives who were denied promotions within the elite Intelligence Division of the NYPD. The City will pay $700,000 in damages to the detectives, as well as $374,000 in attorneys’ fees. For well over a decade, the Intelligence Division maintained a subjective promotions policy, administered by white supervisors, who refused to promote deserving black detectives. The three detectives joined the Intelligence Division in 2001 and assisted with the cleanup and investigation of the September 11 attacks. They tracked hundreds of leads and suspects. In spite of their achievements and strong recommendations from their direct supervisors, they were repeatedly passed up for promotion because of their race.

The settlement was reported in numerous papers, including the New York Daily News. The detectives’ experiences were also covered in an article on the New York Times’ front page, which led to a Times’ editorial. ABC, Spectrum NY1, the New York Daily News, and the New York Post also previously covered the case. The key case documents are available at the following links: federal complaint, EEOC charge, EEOC finding of probable cause of discrimination, and the U.S. Department of Justice’s Right to Sue letter.

ECBA’s Elizabeth SaylorEarl Ward, Jessica Clarke, and Doug Lieb, along with Chris Dunn with the NYCLU, represent Sara Coleman, the widow of Detective Theodore Coleman, and Detectives Jon McCollum and Roland Stephens.

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Jury Awards $14.3 Million for Wrongful Police Shooting

November 2, 2018 –

Yesterday, a Manhattan federal court jury awarded $14.325 million to the Estate of John Collado, who was shot and killed by a New York City police officer in the Inwood neighborhood of Manhattan on September 6, 2011. The jury found that the officer, James Connolly, used excessive force when he shot and killed Mr. Collado.

Mr. Collado was shot for being a Good Samaritan. The shooting occurred when Connolly, who was working as a plain-clothes narcotics officer, got into a fight with a suspect on the street, and Mr. Collado, who was unarmed, tried to break it up.

Connolly testified that he shot Mr. Collado because Mr. Collado put him in a choke hold – but the jury specifically found that was false. The jury found that Connolly’s story did not hold up against the witnesses’ testimony, the forensic evidence, and the video evidence. Since the shooting, Connolly has been promoted by the NYPD; he is now a sergeant.

“My husband was a loving, caring man who was doing nothing more than trying to help,” Mr. Collado’s wife, Amarilis Collado, said. “This verdict is confirmation that John should never have been killed that day. After seven years of fighting, I finally feel like justice has been served,” Mrs. Collado added.

“The jury thoughtfully considered the evidence in this case and determined that what happened here was wrong, and that the Collado family is deserving of a significant award,” said ECBA partner Sam Shapiro. Mr. Shapiro and ECBA partner Earl Ward represented Mrs. Collado.

This case was covered in the New York Daily News, available here.

 

Article

Ten ECBA Attorneys Named as Super Lawyers; Two Named as Rising Stars

ECBA is proud to announce that partners Richard Emery, Andrew Celli, Matthew Brinckerhoff, Jonathan Abady, Ilann Maazel, Earl Ward, Hal Lieberman, Dan Kornstein, Andrew Wilson, and Elizabeth Saylor were named as Super Lawyers for 2018. Partners Zoe Salzman and Sam Shapiro were named as Rising Stars. The Super Lawyers list is issued by Thompson Reuters. A description of the selection methodology can be found here.

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City Agrees to Pay $2.5M to Wrongly Convicted Man

New York City will pay $2.5 million to ECBA client Joel Fowler, who was wrongly convicted of a 2007 Brooklyn murder. Prosecutors under the watch of late Brooklyn DA Ken Thompson concluded in 2015 that Mr. Fowler had nothing to do with the murder. The New York Daily News covered the settlement here. This settlement is the latest of the many wrongful conviction cases that Emery Celli has settled.

ECBA attorneys Earl Ward and Ali Frick represented Mr. Fowler, along with the Law Offices of Joel B. Rudin.

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Ten ECBA Attorneys Named as Super Lawyers; One Named as Rising Star

ECBA is proud to announce that partners Richard Emery, Andrew Celli, Matthew Brinckerhoff, Jonathan Abady, Ilann Maazel, Earl Ward, Hal Lieberman, Dan Kornstein, Andrew Wilson, and Elizabeth Saylor were named as Super Lawyers for 2017. Associate Alanna Kaufman was named as a Rising Star. The Super Lawyers list is issued by Thompson Reuters. A description of the selection methodology can be found here.

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Black Intelligence Detectives Bring Federal Suit Over Bias in NYPD Promotions

September 25, 2017 ­­– The law firm of Emery Celli Brinkerhoff & Abady LLP (ECBA) and the New York Civil Liberties Union today filed a federal class action lawsuit on behalf of black detectives who were denied promotions for years within the elite Intelligence Division of the NYPD. For well over a decade the division has maintained a subjective promotions policy, administered by white supervisors, who refuse to promote deserving black detectives.

“Minority communities have for decades distrusted the NYPD, and for good reason,” said Elizabeth Saylor, a partner at ECBA and lead counsel for the plaintiffs. “Pervasive discrimination against black detectives only deepens that distrust. The NYPD’s discriminatory culture needs to change.”

The lead plaintiffs in the case are Jon McCollum and Roland Stephens, as well as Sara Coleman, widow of Theodore Coleman. The three detectives each joined the Intelligence Division in 2001 and assisted with the cleanup and investigation of the September 11 attacks. They tracked hundreds of leads and suspects. In spite of their achievements and strong recommendations from their direct supervisors, they were repeatedly passed up for promotion because of their race.

Read the EEOC charge here,  and the EEOC finding here. Also, read the DOJ Right to Sue letter here, the federal complaint here, and a press release here.

To read recent coverage of these detectives’ experiences in NYPD Intel, click here for a news article by New York Times, here for an editorial by the Times, here for ABC, here for Spectrum NY1, here for the NY Daily News, and here for the NY Post.

In August 2018, Elizabeth Saylor was quoted in the NY Daily News discussing this case and new allegations of racial discrimination in the NYPD Intelligence Division, which you can read here.

ECBA’s Elizabeth SaylorEarl Ward, and Jessica Clarke, along with Chris Dunn with the NYCLU, represent Sara Coleman, the widow of Detective Theodore Coleman, and Detectives Jon McCollum and Roland Stephens.

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