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19 ECBAWM Attorneys Named to 2021 Super Lawyers Lists

The firm is pleased to announce that 19 of its attorneys have been named to the 2021 Super Lawyers lists.

Firm partners Richard D. Emery, Andrew G. Celli, Jr., Matthew D. Brinckerhoff, Jonathan S. Abady, Earl S. Ward, Ilann Margalit Maazel, Hal R. Lieberman, Daniel J. Kornstein, O. Andrew F. Wilson, Debra L. Greenberger, and Sam Shapiro were named 2021 Super Lawyers.

Firm partner Zoe Salzman and associates Emma Freeman, David Berman, Scout Katovich, Andrew Jondahl, Nick Bourland, Ananda Burra, and Vivake Prasad were named 2021 Super Lawyers Rising Stars.

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

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JJ Velazquez’s Sentence Is Commuted After Fighting for His Freedom for 23 Years

On August 17, 2021, New York Governor Andrew Cuomo commuted the sentence of ECBAWM client Jon-Adrian (“JJ”) Velazquez. Mr. Velazquez has maintained his innocence ever since he was wrongfully convicted in 1998 for a murder he had nothing to do with. Now he has been released from prison and reunited with his family, friends, and supporters.

While incarcerated in the New York correctional system for over 23 years, Mr. Velazquez seized every opportunity to learn, support his peers, and give back—all while fighting for his freedom. He emerged as a leader at the Sing Sing Correctional Facility, where, among other achievements, he earned his college degree with honors, founded a youth program to combat gun violence, organized nonviolence workshops for incarcerated people and their families, and led various fundraising efforts to support his community on the outside.

ECBAWM attorneys Jonathan Abady, Earl Ward, Sam Shapiro, and Nick Bourland represented JJ Velazquez in his clemency efforts.

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Nine ECBAWM Partners Named to Lawdragon’s “500 Leading Plaintiff Employment & Civil Rights Lawyers” List

ECBAWM is pleased to announce that nine firm partners have been named to the “2021 Lawdragon 500 Leading Plaintiff Employment & Civil Rights Lawyers” list. The list was created “through nominations and independent journalistic research vetted by peers and adversaries,” legal media company Lawdragon explained on its website.

Andrew G. Celli, Jr., Matthew D. Brinckerhoff, Earl S. Ward, Ilann Margalit Maazel, O. Andrew F. Wilson, Katherine Rosenfeld, Debra L. Greenberger, Zoe Salzman, and Sam Shapiro were each recognized as attorneys “who’ve devoted their careers to helping workers protect their rights.”

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ECBAWM Files Excessive Force Lawsuit on Behalf of Man Paralyzed by NYPD Officers

On June 2, 2021, ECBAWM filed a federal civil rights lawsuit on behalf of Peyman Bahadoran, a former Wall Street trader who is now paralyzed from the waist down after being shot by NYPD officers during a non-violent confrontation. As detailed in the complaint, Mr. Bahadoran—who suffers from bipolar disorder—experienced a manic episode on June 4, 2020 outside a Manhattan deli after days of seeing violence between police and Black Lives Matter protesters outside his home near Union Square. NYPD officers on the scene did not even attempt to use non-lethal techniques to subdue Mr. Bahadoran. Instead, two NYPD officers shot Mr. Bahadoran in the spine and left arm. He was unarmed and non-violent at the time the officers shot him. He is now paralyzed and unable to control any body function below his waist.

Security and body camera footage of the shooting have been widely circulated in the news media and confirm that the officers’ force was excessive. “The body camera footage shows clearly that Mr. Bahadoran was unarmed when shot,” said Mr. Bahadoran’s lawyer Earl Ward. “It further disproves the claim by the department that he was ‘reaching’ and ‘lunging.’ He posed no deadly risk and now there’s a bullet lodged in his spine and he may never walk again.”

ECBAWM’s Earl Ward, Jonathan Abady, and Marissa Benavides represent Mr. Bahadoran in the suit.

Read the filed complaint

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ECBAWM Files Civil Rights Lawsuit Against Ocoee and Windermere (FL) Police

Jean Samuel Celestin died unnecessarily at the hands of Florida police officers on April 11, 2019. Emery Celli Brinckerhoff Abady Ward & Maazel LLP has filed a civil rights lawsuit against the city of Ocoee (FL), the town of Windermere (FL), four Ocoee Police Department (“OPD”) officers, and one Windermere Police Department (“WPD”) officer, on behalf of Mr. Celestin’s family. The suit, filed along with co-counsel King & Markman, P.A., alleges that Mr. Celestin was deprived of his constitutional rights when the officers physically restrained to him to the point that he lost consciousness and died. Mr. Celestin’s family seeks compensatory and punitive damages.

On April 11, 2019, Mr. Celestin’s mother and sister called 911 to ask for assistance because Mr. Celestin was in a mental health crisis and was expressing delusional thoughts. The road patrol officers, violating standard procedures for interacting with people in distress, treated Mr. Celestin as a dangerous criminal, rather than a mental health patient in need of emergency treatment. Though Crisis Intervention Teams have existed in Ocoee for over 20 years, in order to reduce the risk of serious injury or death during an emergency interaction between persons with mental illness and police officers, the responding officers failed to engage such a team.

The officers also refused to handcuff Mr. Celestin when he offered his wrists in surrender, and tased him multiple times. They also restrained him with a controversial “hobble” restraint, also known as a “hogtie,” which has been known to cause death by positional asphyxia since at least 1995. OPD and WPD officers left Mr. Celestin hogtied and face-down in the grass for almost an entire minute. The coroner’s report indicates that this hogtie was a proximate cause of Mr. Celestin’s death.

“Samuel Celestin is no longer with us for one reason and one reason only: because police officers treated a sick person in need of help like a dangerous criminal who had just committed a violent felony,” said Andrew G. Celli, Jr., an ECBAWM attorney representing the plaintiff. “The failings that killed Samuel are systemic; they reflect inadequate training and the misuse of equipment; extremely poor tactical conduct by the officers—including intentional escalation of a conflict when de-escalation was called for; and an utter failure to assist a person in distress. This case will expose all of that and more.”

Along with Mr. Celli, the Celestin family is represented by ECBAWM attorneys Jonathan Abady, Earl Ward, and Andrew Jondahl, along with Jeremy Markman from King & Markman, P.A. in Orlando, FL. For additional information, see this press release and the complaint.

Press
“Family of man who died after being tased by Ocoee police discusses newly filed lawsuit,” WFTV
“Family suing Ocoee police after deadly encounter,” Fox 35 Orlando
“Police who tased Ocoee man during mental health crisis should face charges in his death, family says,” Orlando Sentinel

 

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Family of Police Shooting Victim Tamir Rice Requests DOJ Re-Open Investigation

The family of Tamir Rice, the 12-year-old boy shot and killed by Cleveland police officers, today requested that United States Attorney General Merrick Garland re-open the Department of Justice investigation into Tamir’s death.

On Saturday, November 22, 2014, Tamir was playing with a toy pellet gun by himself in a park near his house. When Cleveland police officers drove into the park at high speed, there was no one else around and Tamir wasn’t brandishing the toy. Despite there being no imminent danger, Officer Timothy Loehmann jumped out of his still-rolling squad car and fatally shot Tamir.

Security video footage of the shooting contradicts the statements given by the Cleveland police to justify the shooting. The video shows there was no time for Loehmann to give Tamir commands; Loehmann shot him immediately. After watching the video, the Cleveland Municipal Court found probable cause to charge the officers involved, and a grand jury was convened. But then the local prosecutor grossly mishandled the grand jury proceeding in order to exonerate the officers, including actually telling the grand jury they should not indict. In the face of this injustice, at the end of 2015, we requested a Department of Justice investigation into the shooting.

Articles in the New York Times and the Washington Post in October 2020 revealed that Trump political appointees at DOJ had stymied that investigation for years. They twice refused requests by apolitical career prosecutors to present this case to a grand jury. They allowed the clock to run on the statute of limitations for obstruction of justice charges. Finally, in the waning weeks of the Trump presidency, between Christmas and New Year’s, DOJ quietly announced it was closing the investigation entirely.

Attorney General Garland should re-open the investigation and convene a grand jury. There is no statute of limitations on prosecuting Officer Loehmann for killing Tamir in violation of his civil rights.

The essential facts of this case are not in dispute. Tragically, it is also indisputable that race played a defining role in Tamir’s death. As we note in the request to Attorney General Garland, “If these police officers had driven into a park in a wealthy, predominantly White suburb, if the boy they saw sitting there under the gazebo was White—is there any doubt in anyone’s mind that that boy would still be alive today?”

On behalf of Tamir’s family, we are requesting that this case be re-opened and presented to a grand jury without the agenda of exonerating the officers.

We invite you to read our request to Attorney General Garland in its entirety.

ECBAWM partners Jonathan S. Abady, Earl S. Ward, and Zoe Salzman represent the family of Tamir Rice.

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ECBAWM Clients Sue State College, PA Police for Fatal Shooting

Emery Celli Brinckerhoff Abady Ward & Maazel LLP has filed a federal civil rights lawsuit on behalf of Osaze Osagie’s family against the Borough of State College as well as ten State College Police Department (“SCPD”) officers. The complaint addresses the systemic failures that resulted in a State College police officer fatally shooting 29-year-old Osaze Osagie, who was suffering a mental health crisis at the time, on March 20, 2019.

Osaze Osagie’s family hopes to expose the policies and practices that allowed for such an injustice to occur. In a statement released by their legal team, they elaborate, “The Osagie family files this case today with deep resolve, but also with a heavy heart. They are determined to seek justice for their beloved son, which includes holding the Borough and SCPD accountable for their systemic failings in creating and maintaining a broken policing system that caused his untimely death.” The family also seeks compensatory and punitive damages.

ECBAWM attorneys Andrew G. Celli, Jr., Earl S. Ward, and David Berman represent the plaintiffs, alongside The Law Office of Andrew Shubin and Kathleen Yurchak from Steinbacher, Goodall, and Yurchak.

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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.”

ECBAWM’s Earl S. WardO. Andrew F. Wilson, Sam 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.

Press Release

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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 the 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 a 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.”

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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 from excessive force at the hands of law enforcement officers.

Read coverage of Mr. Floyd’s death in the 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.

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