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From the NewsMax.com Staff
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For the story behind the story...
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Sunday, Dec. 26, 2004 8:50 p.m. EST
Giuliani Haunted by Abuse of Power
Former New York City Mayor Rudy Giuliani left City Hall with a legacy as "America's Mayor" but he left something else behind: a whole slew of lawsuits costing the city big bucks.
In the three years since Michael R. Bloomberg succeeded Giuliani, the New York Times reports, the city has spent almost $2 million to settle lawsuits brought by residents and city workers who accused the Giuliani administration of running roughshod over their free speech or other constitutional rights.
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Among them, the Times reports:
In 2002 the city settled with limousine driver James Schillaci for $290,000. He had sued because the very day he was quoted in a newspaper article about a red-light sting set up by the police in the Bronx, police arrived at his home to arrest him for a 13-year-old unpaid ticket. The next day, Giuliani obtained - illegally, Schillaci said - the record of his arrests from decades earlier and discussed it, inaccurately, at a news conference.
A Correction Department worker charged that he was bypassed for promotion because he supported a Giuliani political opponent and that city investigators videotaped the guests arriving at his home for a political fund-raiser. The city paid him $325,000 this year, but the city's lawyers argued that they agreed to pay to make the best deal for the public and not because of any alleged wrongdoing by Giuliani or other officials.
Dantae Johnson of the Bronx has charged in a lawsuit that after he was shot by a police officer in May 1999, Giuliani and then-Police Commissioner Howard Safir falsely described him as a criminal to justify the shooting. The officer was convicted of assault. The city denies responsibility.
Eric H. DeVarin III, an assistant deputy warden in the Correction Department, has claimed in a lawsuit that he was denied promotion because of a dispute with former police commissioner Bernard Kerik's former girlfriend. Kerik has said that is untrue.
The city paid $490,000 in February 2002 to Timothy Donovan, a police captain, and promoted him to settle his suit claiming that he was punished by police commissioner Howard Safir because he would not rewrite a sexual harassment investigation document to put certain senior chiefs in a more favorable light. "It was a case that Bloomberg quickly cleaned up," said Matthew Brinckerhoff, the lawyer for Donovan.
In March 2000, after Patrick Dorismond, a Times Square security guard, was shot to death in a confrontation with an undercover police officer, Giuliani responded to criticism of the shooting by releasing Dorismond's sealed juvenile record. In a wrongful-death suit against the city, his family cited Giuliani's release of the criminal record as part of a pattern of smearing people hurt by the police. The city paid $2.25 million to settle the suit in 2002.
According to the coming issue of the journal CityLaw, a federal magistrate has said that an AIDS housing group can proceed with a suit to recover $35 million in government contracts that it claims to have lost as punishment for protests against Giuliani's policies. The city lawyers say the Giuliani administration had many sound reasons to stop doing business with the group, called Housing Works.
The Housing Works case is part of "a continuing saga of the policies and litigating tendencies
of the Giuliani administration," Ross Sandler, director of the Center for New York City
Law at New York Law School, which publishes CityLaw, told the Times.
Speaking about the mounting total of cases directly involving senior officials in the Giuliani
administration, Jeffrey D. Friedlander, the first assistant corporation counsel in the city's Law Department, told the Times, "Decisions to settle cases involve questions of litigation judgment, and should not be taken as an acknowledgement of truth as to the validity of a plaintiff's argument - or the city's acceptance of that argument."
Moreover, says Michael D. Hess, the city's chief lawyer under Giuliani and now his partner in a private consulting firm, settlements often were preferable to risk a jury trial with a jury that could prove to be irrational or biased. Given that the city spends hundreds of millions on lawsuits, Hess told the Times: "Two million is nothing. Sadly, this is a drop in the
bucket."
While the city is sued more than 20,000 times a year, the Times reported, cases have been rarely brought in which a mayor - or top City Hall aides - are accused of personally harming an individual. Even more rarely have they succeeded.
While Giuliani was widely applauded for his leadership after Sept. 11, questions continue to be raised about his judgment. In the months after Sept. 11 Giuliani was rebuffed in his attempt to suspend the 2001 mayoral elections in an effort to prolong his stay in office.
In the wake of the Kerik fiasco, the Times report indicates the major media will continue to put a spotlight on Giuliani, touted as a possible 2008 Republican presidential candidate.
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