« Screwing The Straights? | Main | Good Morning, News! »
A freelance videographer is suing the City of Portland and Police Bureau Officer Mark Zylawy over allegedly being shoved to the ground without provocation while filming a political protest at the Lloyd Center in January 2006.
FREEDOM OF THE PRESS: When it comes to our constitutional rights, this poster has it all wrong…
Carey Klein says he was following a group of political protesters and documenting the event with a video camera—he frequently films events at political protests and marches with the specific purpose of documenting aggression and violation of civil rights by police officers—and that he followed the political protesters through the Lloyd Center. From the lawsuit:
After [Klein] exited the Lloyd Center behind the protesters, and was leaving the property of the Lloyd Center via a covered parking area, a private security guard grabbed the plaintiff by the arm and said, “Time for you to go.” The plaintiff did not resist the instructions of the private security guard. Plaintiff continued walking toward the edge of the Lloyd Center property on NE Multnomah Street. Immediately thereafter, Defendant Officer Zylawy pushed Plaintiff very hard from behind without provocation or giving any prior warning or notice. Plaintiff fell hard on the concrete floor of the parking area.The suit alleges Zylawy acted without lawful authority and used excessive force, and that a reasonable and prudent law enforcement officer would not have thrown Klein to the ground when he was complying with all lawful orders. Klein alleges breach of his fourth and fourteenth amendment rights against unreasonable seizure, the Police Bureau’s failure to adequately train Zylawy, and the breach of his first amendment right to freedom of the press.
Plaintiff was engaged in constitutionally protected conduct; to wit, peaceful filming of protest activity for the purpose of publication on Indymedia, a public news website.Klein is suing for almost $13,000 in damages for violation of his rights and the resulting loss of dignity, emotional distress, anxiety and fear of being jumped by police without provocation, non-economic damages for physical pain and suffering, medical care and lost earnings, as well as attorney fees. Klein also wants an injunction preventing the cop from approaching videographers at protests, until he is retrained.
It’s against police bureau policy to comment on open lawsuits, and Klein’s attorney, Benjamin Haile, is not commenting further on the case at this time.
The suit is particularly interesting because it asks for a reasonable (i.e small) amount of money, compared to other anti-cop lawsuits, and appears to be equally about making the constitutional point over freedom of the press as it is about directly accusing the officer involved. What do you think?
Reasonable would be $50,000+ for police aggression. That's how you stop police misconduct: make the department choose between bancruptcy and tolerance. Seriously, you do not see this sort of shit in Western Europe. I attended 2003 protests against the run-up to the Iraq War in Leipzig, Germany and New York City. It was like night and day. In Leipzig I saw two unarmed cops without riot gear on scooters stopping automobile traffic. In New York City on March 15th, I was nightsticked by a mongoloid with a mustache and a badge for "blocking" a sidewalk. I would love to extract a half million dollars from the NYPD. That would be reasonable.
Ragold: fair point. I think when I used the term "reasonable," I meant, it's difficult for this man to be accused of going after the lawsuit for the money. 10 grand is not much for all the aggro of suing the police bureau, especially when compared to some of the settlements the city has made in the past.
As for your point on Western Europe? I think you're being anecdotal. It certainly doesn't hold true in Italy or Southern France—you don't want to mess with the cops in Marseille or Rome, let me tell you.
I am being anecdotal and I don't have any evidence beyond that. I've certainly seen the WTO/World Bank protest videos where the cops are launching gas canisters left and right, but it seems to me it's in response to a lot greater threat to the integrity of the state and private property than what you see in America. The comparison I'm most familiar with is those worldwide protests in early 2003 that drew crowds twice as large in Rome and London as were drawn in NYC and there didn't seem to be the police brutality and corraling so prevalent in New York.
Although I would like to hear more about the police in Italy and Southern France: is it just part of that Mediterranean character of wearing your emotions on your sleeves or delivering them by the end of high-speed bean bag?
Of the two nights of my life I've slept on the streets, one was in the station at Marseille. The cops are all skinheads, with huge dogs, and the street kids we met told us in no uncertain terms that the cops were more dangerous in terms of giving out beatings, than they were.
I also worked with a skinhead barista from Rome when I lived in London, and lost track of the times he'd tell me horror stories about police beatings. I could never tell whether he was frightened of their reputation, or proud.
Generally I don't think it's heart-on-sleeveness that creates thug officers, but it is about the culture and history of a city and its specific police department. For example, many Italian soccer fans are racist:
http://news.bbc.co.uk/2/hi/europe/628973.stm
Based on nothing more than my own understanding of human nature: In a society where such hateful expression is commonplace, it's surely more likely to be mirrored in the psychological make-up and actions of the police officers, since cops are people too, with their own individual backgrounds and belief systems just like the rest of us.
You know, there's actually a few good cops in this city as well, which makes the actions of assholes like Zylawy, Greg Adrian, Hauntsperger, and others in the PPD Hall Of Shame that much more offensive. The good cops are kept silent by police union policies, but I had a very enlightening conversation with one of them, who told me about the "young guys who love to give out 'fuck you' tickets". It's all about being forced to take responsibility for your actions, and the police union has always given broad cover to the dickheads in blue, which sullies the reputation of the good guys who love the city and love its citizens.
I think that cops like Zylawy who think the badge is a ticket to be an asshole should be held PERSONALLY RESPONSIBLE. I'm tired of paying these settlements as a city taxpayer. Garnish this asshole's wages. He stepped beyond the protections of his employment when he took things into his own fight-lovin' hands.
Until cops are held PERSONALLY RESPONSIBLE for shithead antics, these types of things will just keep happening.
I'm a big fan of unions, but it's time for the police union to stop standing up for the assholes- and I fully realize that's probably 70% of the force.
Mikey:
95% of the cops I've met are braver, more interesting people than I am. I like them, and they're usually funny, too. So it's always hard to reconcile allegations made in lawsuits with one's personal impressions of individuals one has met.
On the presumption that cops are people too, it must be embarrassing or infuriating when one of your co-workers fucks up in public. Or has a bad attitude. Add in the scrutiny under which all officers are placed, and the responsibility their job carries, and you have a situation in which it's best never to voice those feelings in public.
I'm sure most officers grumble to those they trust, but if I were a cop, I would trust very few people, and probably consider regular therapy. Psychologically it must be a horrible job.
On the idea of making officers personally responsible for their actions, there are obviously union issues, and since officers are working when they're sued, by law the city is liable in the lawsuits too.
By way of trying to intervene with officers who may be out of control, the Police Bureau's early warning system (PPB Directive 345.00, available online) also picks up officers who have: five internal affairs complaints in a year, or three in six months, who have two complaints in the same category in six months, two sustained internal affairs complaints within a year, three performance deficiencies or service complaints in six months, any allegation of domestic violence against them, use of deadly force in two incidents within twelve months, two cases of unexplained failure to appear in court in a year, three accidents in the city within a year, two tort claims against the member and the city of Portland within a year, or any criminal activity complaint, including any complaint resulting in a civil compromise.
Whether the Early Warning System has teeth (anecdotally, it doesn't) is a different issue. But it's interesting to see some of the flags for potential rogues and ask whether they might have prevented x incident, or y.
In the case of Police Sniper Leo Besner, who allegedly shot and killed Ray Gwerder without warning in November 2005, attorneys for Gwerder's family say the bureau's alleged failure to discipline Besner earlier and prevent what seems to have been a pattern of excessive force was a direct contributing factor to Gwerder's death:
http://www.portlandmercury.com/portland/Content?oid=275061&category=22101
http://www.portlandmercury.com/portland/Content?oid=365100&category=22101
I think he needs to get a job and a few more hobbies. Independent 'film maker' or 'media' isn't what I would call a job.
Each to their own, Mike. And personally I'd rather he was an independent "film maker" than working for Halliburton for a living.
Comments Closed
In order to combat spam, we are no longer accepting comments on this post (or any post more than 45 days old).
I think the city should be paying this man for the work he dose.