On September 3,2015, Clifford Tucker led a discussion at the National Association of Social Workers' Task Force of Social Workers of African Descent (TFSWAD). The topic: "Eric Garner How do you access power for social justice?" The potential criminal case and the personal injury and wrongful death cases involving Eric Garner resolved without filing a civl or criminal case. Here is a summary of the discussion:
Case Facts: Eric Garner's Personal Injury, Death, and Legal Cases
Evidence in Eric Garner's death made national news. On July 17, 2014, New York City Police Officers approached Garner because they believed he was selling loose cigarettes. Officers tried to put Garner under arrest. Garner moved his hands away. One officer, Daniel Pantaleo, grabbed Garner around the neck for approximately 15-19 seconds and pulled him to the ground. Garner died. The New York City Medical Examiner's office attributed Garner's death to use of a chokehold, check compression, and poor health. The New York City Police Department prohibits officers from using chokeholds.
On December 3, 2014, a Staten Island grand jury declined to indict NYPD Officer Pantaleo, who appeared to have held Garner around the throat. On July 13, 2015, the City of New York agreed to an out-of-court settlement with Garner's estate for $5.9 million.
Eric Garner: The Difference Between Criminal and Civil Cases
The criminal and civil cases involving Eric Garner's death were never actually filed publicly. Both cases were resolved before suit/indictment. The criminal case resolved when a grand jury declined to indict Garner. The civil case resolved when New York City agreed with members of Garner's estate to pay an amount for compensation.In a criminal case, the prosecutor represents the "People of the State of New York" against the individual Defendant or Defendants accused of breaking the law. The people are directly represented by the prosecutor. In the civil case, the parties do not include "the People of the State of New York." The people get no say in resolution of the civil case. Instead, the parties are the Estate of Eric Garner against the Defendants.
To What Extent Does the Community's Voice Influence a Civil Case?
Public protests increased after the Staten Island grand jury declined to indict the police officer in question. The community voiced serious outrage regarding Garner's death. Eric Garner's civil case resolved for what some newspapers have called a "record-breaking" amount of money. The amount of money for Eric Garner's personal injury and wrongful death case shows how the community's voice influenced a Defendant's response.
A New York personal injury and wrongful death case is valued based on several factors, including:
- Plaintiff's medical costs;
- Plaintiff's lost wages;
- Plaintiff's conscious pain, suffering, and lost enjoyment of life,
- Lost society of the Plaintiff to his family--e.g. the losses a family suffers after the death of a provider and guardian;
Mr. Garner's case mattered a great deal to the community and the City of New York responded by compensating Garner's family for their loss.
The Personal Injury and Wrongful Death Case: Tools for the Community
The community has a voice and power even in civil cases. Three branches of the government provide the community with power: judicial, legislative, and executive. Culture deeply influences each branch. The jury system draws members of the community into the criminal, personal injury and wrongful death cases to decide how the community feels justice must be done. When a community's response is overwhelming, the litigants in a civil case may capitulate. In a personal injury and wrongful death case like Eric Garner's, what we assume to be a litigation between two private parties--Eric Garner's family and the City of New York--turns into a rallying cry for social justice.For advice and help regarding a personal injury and wrongful death case, please call Fisher Injury Lawyers.
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