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Lawyers settle NYPD misconduct case


NEW YORK, May 14 (Reuters) - New York City has paid $360,000 to settle a case brought by two attorneys who claim they were assaulted when they tried to come to the aid of a man allegedly being beaten by police officers, according to lawyers involved in the case.

Plaintiffs Michael and Evelyn Warren announced the settlement outside the Brooklyn federal courthouse on Monday morning, just as a trial in the 2008 civil lawsuit was scheduled to begin. An attorney for the Warrens, Jonathan Moore, said the amount of the settlement, which was reached Friday afternoon, "clearly represents an understanding by the city that there was misconduct."

A spokeswoman for the New York City Law Department, Connie Pankratz, confirmed the agreement and said the $360,000 payment includes attorney's fees and costs for the Warrens.

Pankratz said the settlement "was in the best interest of all parties." In response to Moore's claim that the settlement was an acknowledgment of misconduct, she said that the allegations in the lawsuit had not been proven.

The Warrens, a married couple, are both practicing attorneys. Michael Warren represents defendants in police misconduct and wrongful arrest lawsuits. Evelyn Warren also does civil rights legal work.

On June 21, 2007, the Warrens say they were driving through downtown Brooklyn when they spotted several police officers pursuing a young black man. The man was caught and handcuffed, and police began to beat him while the Warrens looked on from their car, the complaint said.

The couple left their vehicle, and asked the officers to stop hurting the man and take him to the precinct, the complaint said. One of the officers allegedly told them to get back in their car.

When one of the officers noticed that the Warrens were taking down license plate numbers, he allegedly went over to their car and repeatedly punched Michael Warren in the face before dragging him out of the vehicle. The officer also allegedly punched Evelyn Warren in the jaw, the complaint said.

EXTRAORDINARY STANDARD

The couple was arrested and Michael Warren was charged with disorderly conduct, resisting arrest and obstruction of governmental administration. Evelyn Warren was given a summons for disorderly conduct. The charges remained pending for approximately one year, until they were dropped by the Brooklyn District Attorney's office, according to the complaint.

The Warrens filed a civil complaint in 2008, alleging their Fourth Amendment rights had been violated and seeking an unspecified amount in compensatory and punitive damages.

The lawsuit named as defendants New York City, New York Police Commissioner Ray Kelly and five NYPD officers.

In a motion for partial summary judgment, the city argued that the Warrens had interfered with the lawful arrest of a fleeing suspect, who later pleaded guilty to possession of stolen property and a criminal substance. Their claims did not meet the "extraordinary" standard required under state and federal law to prove the prosecution had been malicious, or that their arrest had intentionally inflicted emotional damage, the city argued.

In February, U.S. District Judge Allyne Ross denied the summary judgment motion, sending the four-year-old case to trial.

An NYPD spokesman did not return a request for comment.

The case is Warren v. City of New York, U.S. District Court for the Eastern District of New York, No. 08-3815.

For the Warrens: Jonathan Moore and Elizabeth Logemann of Beldock Levine and Hoffmann.

For the defendants: Arthur Larkin, Susan Scharfstein, Brian Ceballo, Caroline Chen, Kimberly Conway, Steven Auletta and Virginia Nimick for the New York City Law Department.

Reporting by Jessica Dye