Article

Lawsuit Challenges Louisville’s Military-Grade Protest Response

ECBAWM and co-counsel the NAACP Legal Defense & Educational Fund, Inc. and the American Civil Liberties Union of Kentucky filed a class-action lawsuit against the City of Louisville, Kentucky, its Mayor Greg Fischer, and several Louisville Metropolitan Police Department (“LMPD”) officials and officers to enjoin the LMPD from using military-grade crowd control weapons against peaceful protesters, and it seeks damages on behalf of several such protesters who have already been harmed by these brutish tactics.

After the killings of Breonna Taylor, George Floyd, and so many other Black people who have died at the hands of police, people in Louisville joined in the wave of protests across the country to advocate for an end to racist and violent policing. In response to this courageous exercise of First Amendment rights, the LMPD attacked the peaceful crowds, indiscriminately firing at them with tear gas, pepper bullets, flash bangs, and other military-grade weapons designed for enemy combat. In some cases, officers fired live ammunition into the crowds, striking several protesters. When journalists attempted to document this unconstitutional use of force, officers tracked them down and sprayed them with more pepper bullets and beat them with batons.

“Louisville is using weapons of war against its own citizens,” said ECBAWM partner Sam Shapiro. “It is trying to silence peaceful protestors through unjustified arrests and trumped-up charges. Shockingly, its mayor and the leadership of the LMPD are endorsing this unconstitutional conduct. Our clients are committed to fighting back against these practices. They are bringing this case to make Louisville safe for all peaceful protestors.”

To read the complaint, click here.

To read a press release about this lawsuit, click here.

ECBAWM’s Earl S. WardO. Andrew F. WilsonSam Shapiro, and Andrew Jondahl, along with attorneys from the NAACP Legal Defense & Educational Fund, Inc. and the American Civil Liberties Union of Kentucky represent Plaintiffs.

Article

Earl S. Ward and Ilann M. Maazel Become Name Partners at Emery Celli Brinckerhoff Abady Ward & Maazel

The New York City-based law firm of Emery Celli Brinckerhoff & Abady has added two named partners: Earl S. Ward and Ilann M. Maazel. The firm will be known as Emery Celli Brinckerhoff Abady Ward & Maazel LLP (“ECBAWM”).

Earl Ward has litigated cases with the firm since 1998 and joined the firm as a partner in 2012.  Mr. Ward specializes in criminal defense and civil rights matters. He has tried over a hundred cases to verdict and has been involved in many high-profile cases. He has represented numerous victims of police violence including the family of twelve-year-old Tamir Rice who was shot and killed by Cleveland police officers, and the family of John Collado who was shot and killed by a New York City police officer. His cases have been featured on 20/20, Dateline, Snapped, and the HBO documentary Who Killed Garrett Phillips? Mr. Ward has been involved in numerous wrongful conviction cases and helped to secure the largest settlement for a wrongful conviction case in New York City.

Mr. Ward is the Chair of the Board of Housing Works, Bronx Defenders, and Esperanza. He also serves on the board of the Center for Appellate Litigation and is a member of the Mayor’s Advisory Committee on the Judiciary. Mr. Ward served as a member of the New York State Advisory Committee to the United States Commission on Civil Rights from 2013 to 2020 and from 1997 to 2003 he served as a Commissioner on the NYC Civilian Complaint Review Board.

Mr. Ward was recently honored by New York University School of Law with its Public Interest Pro Bono Award and he has been recognized numerous times by New York Metro Super Lawyers for his criminal defense work.

Ilann M. Maazel joined the firm in 1998 and became a partner in 2004. Mr. Maazel is nationally recognized for helping the most vulnerable: children, people with disabilities, disenfranchised voters, and victims of sexual abuse and harassment, police abuseprison abuse, wrongful convictions, and all forms of discrimination. Mr. Maazel helped save the High Line, led the 2016 presidential recount effort in Pennsylvania, and has brought class actions to end the tampon tax, end delays in Bronx Criminal Court, provide services to disabled preschool children, reduce violence in New York City prisons, and defend millions of Americans surveilled by the National Security Agency. As a commercial litigator, Mr. Maazel defeated Donald Trump and has represented Martha Stewart, the Apollo TheaterEverytown for Gun Safety, the NAACPNewegg, the Children’s Aid SocietyThe New York Foundling, and the New York City Council.

Mr. Maazel is a nine-time “Super Lawyer,” Legal Services Pro Bono Leader, Legal Aid Society Pro Bono Publico award winner, Coro Leadership fellow, Fellow of the Litigation Counsel of America, and recipient of an Echoing Green Public Service Fellowship.

Mr. Maazel blogs for www.law.com, writes the civil rights litigation column for the New York Law Journal, and has been published in USA TODAY, the Chicago Tribune, the Washington Post, and the National Law Journal.

ECBAWM, U.S. News & World Report’s 2013 Civil Rights “Law Firm of the Year,” is one of the leading boutique litigation firms in the country. Founded in 1996, ECBAWM has litigated many of the most important cases of the last two decades, helping to save the High Line, end Rikers Island, put Senator John McCain on the presidential ballot, lead the sex abuse lawsuit against The Ohio State University, wipe out over $1 billion in fraudulent consumer debt, get some justice for the family of Tamir Rice, and pursue nationwide fraud claims against Donald J. Trump and members of his family. ECBAWM is a leader in the fight against employment and housing discrimination, police and prison brutality, disability abuse, school bullying, voter suppression, consumer fraud, wrongful convictions, and sexual harassment and abuse.

ECBAWM also has a substantial criminal defense and attorney ethics practice, and is a leading commercial litigation firm, successfully conducting mediations, arbitrations, trials, and appeals in federal and state courts, involving a wide array of substantial disputes ranging from breach of contract to defamation, fraud to copyright infringement, and business torts to restrictive covenants.

“Earl Ward and Ilann Maazel are exceptional lawyers and exceptional human beings. Individually and together, they represent decades of accomplishment and a relentless commitment to justice. Their spirit is part of our firm’s DNA. It is privilege, and a thrill, to add their names to the firm’s,” said Andrew G. Celli, Jr., a founding partner of the firm.

“This is a truly special recognition and one that would have made my immigrant Jamaican parents extremely proud,” said Mr. Ward.

“Our firm has extraordinary talent, passion, and a commitment to justice,” said Mr. Maazel. “It is an honor and a privilege to be a name partner in this special firm.”

Article

ECBAWM Represents Jamel Floyd’s Family in Investigation Into Mr. Floyd’s Senseless Death at the MDC

ECBAWM is representing Donna Mays, the mother of Jamel Floyd, and their family, in an investigation into the tragic, untimely death of Mr. Floyd, who died on June 3, 2020 while incarcerated at the Metropolitan Detention Center (“MDC”) in Brooklyn, a prison operated by the United States Department of Justice Federal Bureau of Prisons (“BOP”).  Mr. Floyd, a 35-year old Black man, was eligible for parole in only three months, and had planned to rejoin his family in Hempstead, Long Island.  According to initial reports, on June 3, Mr. Floyd—who was asthmatic—was pepper sprayed by correction officers while he was locked in his cell, subjected to force, placed in restraints, and removed from his cell, at which point he was found to be unresponsive.  He was then taken to a local hospital, where he was pronounced dead.  The DOJ and FBI are both investigating Mr. Floyd’s death.

Mr. Floyd’s family has led the call for justice and accountability at protests outside the MDC, demanding answers about the violence and force that caused Jamel’s death.  Mr. Floyd’s death has sparked outrage throughout New York City and beyond as millions of individuals continue to protest the deaths of African American people resulting excessive force at the hands of law enforcement officers.

Read coverage of Mr. Floyd’s death in the New York Times, New York Daily News, and Newsweek.

Information regarding ECBAWM’s current class action litigation challenging conditions of confinement at MDC can be found here.

ECBAWM Attorneys Katherine Rosenfeld, Earl S. Ward, and Nick Bourland represent Ms. Mays and the family of Jamel Floyd.

Article

ECBAWM Files Federal Class Action Challenging False Arrests of Visitors to Rikers Island

On December 3, 2019, ECBAWM and co-counsel Romano & Kuan PLLC filed a federal class action lawsuit on behalf of visitors to Rikers Island who were baselessly arrested and accused of smuggling synthetic marijuana, known as “K2,” onto Rikers Island. All five lead Plaintiffs were visiting loved ones on Rikers Island and brought books with them, either as gifts to the inmates or to read themselves while they waited. All five were baselessly arrested and prosecuted on accusations of transporting K2 on the pages of their books.

All charges against the lead Plaintiffs were dropped at their initial court appearances following their arraignments. Even once charges were dropped, all lead Plaintiffs were banned from all City correction facilities for anywhere from six months to one year, and the inmates whom they were visiting were denied the ability to have contact visits. The Complaint alleges that the City has a practice of making these wrongful arrests of persons who have done nothing more than bring a book to an incarcerated loved one.

To read the complaint, click here.

To read coverage of the lawsuit in the New York Daily News, click here.

ECBAWM’s Matt Brinckerhoff, Earl Ward, and David Berman, along with Julia Kuan of Romano and Kuan, represent the plaintiffs.

Article

Ten ECBAWM Attorneys Named as Super Lawyers; Four Named as Rising Stars

ECBAWM is proud to announce that partners Richard EmeryAndrew CelliMatthew BrinckerhoffJonathan AbadyIlann MaazelEarl WardHal LiebermanDan KornsteinAndrew Wilson, and Elizabeth Saylor were named as Super Lawyers for 2019. Partners Zoe Salzman and Sam Shapiro and associates David Lebowitz and Alanna Kaufman were named as Rising Stars.

The Super Lawyers list is issued by Thompson Reuters. A description of the selection methodology can be found here.

Article

Black Intelligence Detectives Settle Bias Suit for $974,000

ECBAWM settled a suit on behalf of three black detectives who were denied promotions within the elite Intelligence Division of the NYPD. The City will pay $700,000 in damages to the detectives, as well as $374,000 in attorneys’ fees. For well over a decade, the Intelligence Division maintained a subjective promotions policy, administered by white supervisors, who refused to promote deserving black detectives. The three detectives joined the Intelligence Division in 2001 and assisted with the cleanup and investigation of the September 11 attacks. They tracked hundreds of leads and suspects. In spite of their achievements and strong recommendations from their direct supervisors, they were repeatedly passed up for promotion because of their race.

The settlement was reported in numerous papers, including the New York Daily News. The detectives’ experiences were also covered in an article on the New York Times’ front page, which led to a Times’ editorial. ABC, Spectrum NY1, the New York Daily News, and the New York Post also previously covered the case. The key case documents are available at the following links: federal complaint, EEOC charge, EEOC finding of probable cause of discrimination, and the U.S. Department of Justice’s Right to Sue letter.

ECBAWM’s Elizabeth Saylor, Earl Ward, Jessica Clarke, and Doug Lieb, along with Chris Dunn with the NYCLU, represent Sara Coleman, the widow of Detective Theodore Coleman, and Detectives Jon McCollum and Roland Stephens.

Article

Jury Awards $14.3 Million for Wrongful Police Shooting

Yesterday, a Manhattan federal court jury awarded $14.325 million to the Estate of John Collado, who was shot and killed by a New York City police officer in the Inwood neighborhood of Manhattan on September 6, 2011. The jury found that the officer, James Connolly, used excessive force when he shot and killed Mr. Collado.

Mr. Collado was shot for being a Good Samaritan. The shooting occurred when Connolly, who was working as a plain-clothes narcotics officer, got into a fight with a suspect on the street, and Mr. Collado, who was unarmed, tried to break it up.

Connolly testified that he shot Mr. Collado because Mr. Collado put him in a choke hold – but the jury specifically found that was false. The jury found that Connolly’s story did not hold up against the witnesses’ testimony, the forensic evidence, and the video evidence. Since the shooting, Connolly has been promoted by the NYPD; he is now a sergeant.

“My husband was a loving, caring man who was doing nothing more than trying to help,” Mr. Collado’s wife, Amarilis Collado, said. “This verdict is confirmation that John should never have been killed that day. After seven years of fighting, I finally feel like justice has been served,” Mrs. Collado added.

“The jury thoughtfully considered the evidence in this case and determined that what happened here was wrong, and that the Collado family is deserving of a significant award,” said ECBAWM partner Sam Shapiro. Mr. Shapiro and ECBA partner Earl Ward represented Mrs. Collado.

This case was covered in the New York Daily News, available here.

 

Article

Ten ECBAWM Attorneys Named as Super Lawyers; Two Named as Rising Stars

ECBAWM is proud to announce that partners Richard Emery, Andrew Celli, Matthew Brinckerhoff, Jonathan Abady, Ilann Maazel, Earl Ward, Hal Lieberman, Dan Kornstein, Andrew Wilson, and Elizabeth Saylor were named as Super Lawyers for 2018. Partners Zoe Salzman and Sam Shapiro were named as Rising Stars. The Super Lawyers list is issued by Thompson Reuters. A description of the selection methodology can be found here.

Article

City Agrees to Pay $2.5M to Wrongly Convicted Man

New York City will pay $2.5 million to ECBAWM client Joel Fowler, who was wrongly convicted of a 2007 Brooklyn murder. Prosecutors under the watch of late Brooklyn DA Ken Thompson concluded in 2015 that Mr. Fowler had nothing to do with the murder. The New York Daily News covered the settlement here. This settlement is the latest of the many wrongful conviction cases that Emery Celli Brinckerhoff Abady Ward & Maazel LLP has settled.

ECBA attorneys Earl Ward and Ali Frick represented Mr. Fowler, along with the Law Offices of Joel B. Rudin.

.