Unarmed man shot 19 times: Excessive force: Wrongful death: Settlement

Law Reporter, Mar 2004

Diallo v. City of New York, N.Y., Bronx County Sup. Ct., No. 14972/00, Jan. 6, 2004.

Diallo, 22, was outside his apartment building when four undercover police officers started questioning him. Diallo allegedly reached into his pocket, and the officers shot him 19 times. He suffered fatal injuries. Diallo is survived by his parents. He had been a street vendor earning approximately $10,000 annually.

Diallo's parents filed suit against the city and the officers on behalf of his estate, alleging the officers violated Diallo's rights under the Fourth and Fourteenth Amendments and 42 U.S.C. § 1983 through excessive force and racial profiling. Suit also alleged negligence in shooting Diallo, who was unarmed.

Defendants contended they had been questioning Diallo because he resembled a suspect they were searching for. When he reached into his pocket, defendants argued, they believed he was pulling out a gun. The object turned out to be Diallo's wallet.

The parties settled before trial for $3 million.

Plaintiffs' experts in this case included Joseph I. Cohen, pathology, Perris, Cal.; and Charles J. Key, police practices, Baltimore, Md.

Plaintiffs' Counsel

* Anthony H. Gair, Deveraux L. Cannick, and Omar T. Mohammedi, all of New York, N.Y.

Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Gair.