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The NY Times reported that the city settled with a protester who was kicked in the head back by a high-ranking police officer in 2003. Apparently the city wanted to avoid trial, because activist Cynthia Greenberg had "planned to offer as evidence a videotape of the encounter." If you watch the video, via I-Witness Video, you can definitely see someone's knee hit Greenberg's head.
The police officer who Greenberg says kicked/kneed her is recently retired Assistant Chief Bruce Smolka. Smolka, who is now works in security for Revlon, was a controversial figure who was a commanding officer of the Street Crimes Unit (his officers shot Amadou Diallo in 1999) and is the "architect" of the Critical Mass crackdown.
While the city says its $150,000 settlement with Greenberg is not an admission of guilt, Greenberg's lawyer Jonathan Moore told the Times, "The fact that they are paying this amount can only mean that they believe a jury would be outraged." Moore also said that Smolka, in his deposition, said that he didn't intend to kick Greenberg and perhaps she hit her head against his knee because she was rocking back and forth.
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As far as I'm concerned, she was resisting arrest. That said, the officer in question used excessive force.
cops are stupid meatheads
The perpetrator in the video was resisting arrest by clamping her arms against her body. The knee to the head was a distraction strike to help the officers handcuff her.
It doesn't look pretty, but apparently it worked very well because a few seconds later she was being led away handcuffed. She doesn't look injured while yelling into the camera either.
its a shame this country is filled with such spineless people that when cops start arresting people for excercising thier rights...all people say is 'As far as I'm concerned, she was resisting arrest.' sigh
I thought making yourself rigid would make it easier for the cops to pick you up and put you in the wagon?
How could it be considered "resisting arrest"? So making yourself still and motionless is resisting?
Anyone who was out on the streets during the RNC will tell you that the cops were constantly out of line in their treatment of peaceful protesters. I'm not saying that there weren't a few idiots in with the protesters, but the overwhelming majority were peaceful and followed all the police officer's directions.
only 150k???? what a bunch of cheapskates! they spent 1.32 MILLION chasing cyclists.
ARGH!
engaging in civil disobedience means accepting the risk that it wont be orderly and safe, and that cops wont be nice to you...i wonder if a man engaging in similar action and receiving the same treatment would even a chance at winning the suit....did she happen to break any fingernails?
There should be an independent criminal investigation of the actions of the NYPD during the RNC, and since. And we should all write to Revlon to express our disgust that they would hire a goon like this.
A - Either you did not read the entirety of my message, or you have no understanding of standard police procedures.
From Assistant Chief to Security at Revlon. Nice.
If you watch the video, it clearly shows the cop giving her a knee to the face. This guy is clearly a prick
Sadly, it took four years even with a video - if there was no video, what would have happened to this suit?
Even with the video, no crimial charges were pressed for that head-kicking.
I've seen other video of this particular Chief battering non-violent female protestors - ironic that he works for a cosmetics company now. It's not exactly usual for an officer of that rank to be grabbing people, and he sure isn't supposed to be kicking them.
Well at least the protester got that much !
Graffitix,
3/4 pension till death to boot (same as wounded in the line of duty). Most Chiefs and up do this when they retire, which pisses off the general MOS to no end.
Expensive Smolka Polka for sure!
Search YouTube for "smolka polka" video.