NYC to pay millions in class-action lawsuit involving police 'kettling' of protesters in 2020

New York City is set to pay several hundred people $21,500 apiece to settle a class-action lawsuit brought after protesters were corralled and then beaten by police in 2020 while demonstrating against police brutality in the Bronx.

The proposed settlement, pending a federal judge’s approval, would be among the highest-ever per-person settlement in a class-action case involving mass arrests.

“While we are happy to have gotten this result for the people who were attacked and arrested, the fact remains that the highest leadership of the NYPD carried out an organized, premeditated attack on peaceful citizens in broad daylight with no real consequences,” said Michael Spiegel, among the attorneys for the plaintiffs.

What sparked the lawsuit?

The June 2020 incident took place in the Bronx’s mostly residential Mott Haven neighborhood, where more than 300 protestors were demonstrating after the previous month’s murder of George Floyd by a former Minneapolis police officer. In a controversial practice known as “kettling,” police corralled protesters into a one-block area near a stretch of Interstate 87, where many were then beaten and struck with batons.

The practice, also known as “trap and detain,” has been criticized for contributing to heightened tensions and has since come under scrutiny by city and police department leaders nationwide.

New York City’s inspector general, in a December 2020 report examining the NYPD’s handling of that summer’s protests, noted that the Mott Haven demonstrators never had a chance to leave once surrounded by police. Civil rights organization Human Rights Watch said the incident violated international human rights laws in its own report, citing evidence that police planned an aggressive crackdown on the Mott Haven protesters.

Attorney calls settlement 'unprecedented'

Police used bicycles to form a wall around protesters while officers, including some in riot gear, attacked demonstrators — beating them with batons, kicking and punching them, and spraying them with pepper spray, the report from the Human Rights Watch said. At least 61 people were hurt, with injuries including a broken nose, lost tooth, sprained shoulder, broken finger, split lip, black eyes and bruises.

“The violence unleashed upon us that night was intentional, unwarranted, and will be with me for the rest of my life,” said Charles Henry Wood, among the five plaintiffs. “What the NYPD did, aided by the political powers of New York City, was an extreme abuse of power.”

Attorney Joshua Moskovitz described the images from that evening’s police operation as reminiscent of “Bloody Sunday,” the March 1965 incident in which state troopers in Selma, Alabama, viciously attacked activists marching across the Edmund Pettus Bridge. Footage of the incident, broadcast on national television, helped spur passage of the Voting Rights Act of 1965.

“This unprecedented settlement recognizes that the NYPD’s actions on June 4th were grievously wrong and we hope this settlement marks an inflection point for policing in New York City,” Moskovitz said.

Terms of the settlement

According to the settlement terms, each protester will get $21,500, with some who were detained longer by police receiving an additional $2,500.

In a statement, the NYPD said protests in the midst of the COVID-19 pandemic were a “challenging moment” for officers and the department and that it has since reformed how it responds to protests.

“Much of the NYPD’s policies and training for policing large-scale demonstrations have been re-envisioned based on the findings of the department’s own, self-initiated analyses and on the recommendations from three outside agencies who carefully investigated that period,” the department said. “The NYPD remains committed to continually improving its practices in every way possible.”

If the settlement is approved, protesters will have several months to accept or object to the terms. A fairness hearing will be conducted in October for final approval, attorney Rob Rickner said.

“This settlement serves as testimony of the wrongdoing by the hands of the NYPD, and it is a reminder that this institution is not built to protect Black and Brown communities,” said Amali Sierra, among five protestors named as plaintiffs in the suit.

Ali Frick, another attorney for the plaintiffs, said she was gratified that the settlement would offer some measure of justice to those involved.

“We hope this historic award forces the City to finally account for how it polices peaceful demonstrations,” Frick said.

Contributing: The Associated Press.

Dig deeper:

• What is kettling?: Here's a look into the usage and history of the controversial police tactic

• Denver: Jury finds police used excessive force against Denver protesters in 2020, awards $14M

• Watchdog report: NYPD's use of force and mass arrests 'heightened tensions' during George Floyd protests

This article originally appeared on USA TODAY: What is kettling? NYC to pay millions over criticized police practice