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Ithaca police, city issue legal response to racial pro7ling
accusations
NEWS (HTTP://ITHACAVOICE.COM/CATEGORY/NEWS/), TOP
(HTTP://ITHACAVOICE.COM/CATEGORY/TOP/) / SEPTEMBER 23, 2015 / BY BENEDETTA LUCIANA SARA
CARNAGHI (HTTP://ITHACAVOICE.COM/AUTHOR/BENEDETTA-LUCIANA-SARA-CARNAGHI/)
Your local news is made possible by support from:
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ITHACA, N.Y.  The City of Ithaca, the Ithaca Police Department and an
Ithaca police sergeant have submitted a response to the lawsuit 鍖led by the
mothers of two teenagers who say their sons were racially pro鍖led in a
controversial incident (http://ithacavoice.com/category/story-database/sgt-
pulls-guns-on-teens/) on the night of August 9, 2014.
The incident and damages alleged in the complaint were caused by the the
plaintiffs culpable conduct," states the defense 鍖ling, submitted earlier this
month in federal court, by the city and police department, "and the
defendants acts were privileged, justi鍖ed, reasonable, without malice, and
were done in good faith, with reasonable suspicion, with probable cause,
and/or under exigent circumstances."
The incident and damages alleged in the complaint were caused by the
culpable conduct of a third person or third persons over whom these
defendants had no control and for whose acts these defendants are not
responsible.
The mothers $2 million lawsuit (http://ithacavoice.com/2015/08/new-
lawsuit-ithaca-police-racially-pro鍖led-teens-in-2014-incident/) says that, on
that day, the two teenagers went to play basketball at Helen Newman Hall on
the Cornell Campus. At 10:15 pm, they left the gym with some friends and
rode their bicycles back towards Collegetown, down Buffalo Street, and then
biked to the house of one of the teens' mothers on Third Street.
(http://ithacavoice.com/wp-content/uploads/2015/08/BupNbaKIIAAJRdo.jpg?
468fb8)
A police sergeant pulled his weapon on two unarmed minority teens one night in August 2014, the same night of a car 鍖re shown above.
That decision is now at the heart of a $2 million civil lawsuit against the city and IPD. (Provided photo)
According to the lawsuit, during this biking trip Ithaca police Sgt. John
Norman racially pro鍖led the boys and proceeded to treat them as
suspects in two arsons they had not committed. The children tried to get
away from the of鍖cer  who appeared to them an unidenti鍖ed man in an
unmarked Volvo  but Norman exited his vehicle and pulled his gun on them,
telling them to lay down on the ground, according to the lawsuit.
While the boys complied, at least four other Ithaca police of鍖cers arrived on
the scene and handcuffed them. When the boys mothers arrived, they found
their children on the ground, crying, with their hands handcuffed behind
their backs," the complaint states.
The incident set off a wave of protests at City Hall and led Mayor Svante
Myrick to propose a series (http://ithacavoice.com/2014/08/editorial-
mayor-myricks-proposed-police-reforms-bold-innovative-meaningful/) of
police reforms.
City's defense
The city and police department, however, deny that they are to blame for any
harm incurred by the boys.
CONTENT CONTINUED BELOW
(http://www.ithacavoice.com/membership)
ANNOUNCEMENT
The incident and damages alleged in the complaint were caused by plaintiffs
culpable conduct, reads one line of the defense. Plaintiffs assumed the risk
of injury, which risks were open, obvious, and known.
The City of Ithacas answer also denies many of the allegations of the initial
complaint; for instance, that the city police force treated innocent African
American youth who would not comply with a white, unidenti鍖ed of鍖cers
directives or that they covered up their actions by falsely and publicly
connecting the boys to a criminal investigation.
The complaint also claimed that as a result of Sgt. Norman drawing a weapon
against them, the boys had experienced pain, suffering and mental anguish;
fear of law enforcement; loss of enjoyment in life; loss of dignity; loss of
constitutional rights; damage to reputation and good name; stress, anxiety
and fear.
(http://ithacavoice.com/the-ithaca-voice-series-page-catch-up-with-the-crucial-
ithaca-stories-you-may-have-missed/)
Click on the Ithaca Voice Story Database to learn more. Stories on this topic are 鍖led under "Sgt. pulls gun on minority teens in Ithaca."
The citys response denies that Norman should be a defendant in the lawsuit.
To the extent there are claims against defendant John Norman in his of鍖cial
capacity, they are barred because they are duplicative of the claims against
defendants City of Ithaca and the Ithaca Police Department, the defense
states.
When news of the lawsuit emerged in August, city of鍖cials then said they
would 鍖ght the claims they called entirely meritless.
The stop was legal, justi鍖ed and entirely race-neutral, as indicated by the
Citys internal review of this incident, said a statement from Mayor Myrick
and Chief John Barber.
The city is being defended in the lawsuit by Molly M. Ryan of Goldberg
Segalla LLP. The teens' mothers are being represented by Ray Schlather, a
prominent Ithaca attorney.
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carnaghi/)
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REFUGEE/)
ITHACA (HTTP://ITHACAVOICE.COM/CATEGORY/NEWS/ITHACA/), NEWS
(HTTP://ITHACAVOICE.COM/CATEGORY/NEWS/), ROAD TO REFUGE (HTTP://ITHACAVOICE.COM/CATEGORY/ROAD-TO-
REFUGE/), TOMPKINS COUNTY (HTTP://ITHACAVOICE.COM/CATEGORY/NEWS/TOMPKINS-COUNTY/), TOP
(HTTP://ITHACAVOICE.COM/CATEGORY/TOP/) / AUGUST 20, 2016
12 THINGS EVERY NEW STUDENT SHOULD KNOW ABOUT ITHACA
(HTTP://ITHACAVOICE.COM/2016/08/12-THINGS-EVERY-NEW-STUDENT-KNOW-
ITHACA/)
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19, 2016
RALLY PLANNED IN SUPPORT OF CONVICTED SEX ABUSER, FORMER CORNELL
STUDENT (HTTP://ITHACAVOICE.COM/2016/08/RALLY-PLANNED-SUPPORT-
CONVICTED-SEX-ABUSER-FORMER-CORNELL-STUDENT/)
CORNELL (HTTP://ITHACAVOICE.COM/CATEGORY/EDUCATION/CORNELL-EDUCATION/), CRIME & COURTS
(HTTP://ITHACAVOICE.COM/CATEGORY/CRIME-COURTS/), NEWS
(HTTP://ITHACAVOICE.COM/CATEGORY/NEWS/) / AUGUST 19, 2016
TOMPKINS COUNTY: 11 OVERDOSE DEATHS CONFIRMED THROUGH JULY 2016
(HTTP://ITHACAVOICE.COM/2016/08/TOMPKINS-11-OVERDOSE-DEATHS-CONFIRMED-
JULY-2016/)
HEALTH & HUMAN SERVICES (HTTP://ITHACAVOICE.COM/CATEGORY/HEALTH-HUMAN-SERVICES/), ITHACA
(HTTP://ITHACAVOICE.COM/CATEGORY/NEWS/ITHACA/), PUBLIC SAFETY
(HTTP://ITHACAVOICE.COM/CATEGORY/PUBLIC-SAFETY/), THE ITHACA PLAN
(HTTP://ITHACAVOICE.COM/CATEGORY/THE-ITHACA-PLAN/), TOMPKINS COUNTY
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(HTTP://ITHACAVOICE.COM/CATEGORY/NEWS/TOMPKINS-COUNTY/), TOP
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YOGA FARM TO LAUNCH NEW EDUCATIONAL PROGRAM DURING OPEN HOUSE IN
LANSING (HTTP://ITHACAVOICE.COM/2016/08/YOGA-FARM-LAUNCH-NEW-
EDUCATIONAL-PROGRAM-OPEN-HOUSE-LANSING/)
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(HTTP://ITHACAVOICE.COM/CATEGORY/NEWS/TOMPKINS-COUNTY/), TOP
(HTTP://ITHACAVOICE.COM/CATEGORY/TOP/) / AUGUST 19, 2016
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Ithaca police, city issue response to racial profiling accusations

  • 1. ! (http://www.facebook.com/theithacavoice) " (http://twitter.com/ithacavoice) # (https://www.instagram.com/ithacavoice) $ (http://ithacavoice.com/feed/) SIGN IN / JOIN (HTTP://ITHACAVOICE.COM/WP-LOGIN.PHP) Always free, always local. (http://ithacavoice.com) Support Us (www.ithacavoice.com/membership) % &
  • 2. Ithaca police, city issue legal response to racial pro7ling accusations NEWS (HTTP://ITHACAVOICE.COM/CATEGORY/NEWS/), TOP (HTTP://ITHACAVOICE.COM/CATEGORY/TOP/) / SEPTEMBER 23, 2015 / BY BENEDETTA LUCIANA SARA CARNAGHI (HTTP://ITHACAVOICE.COM/AUTHOR/BENEDETTA-LUCIANA-SARA-CARNAGHI/) Your local news is made possible by support from: (http://ad.broadstreetads.com/click/73247) P L AT I N U M U N D E R W R I T E R Cayuga Medical Center (http://ad.broadstreetads.com/click/73247) Healing and preventing chronic wounds. (http://ad.broadstreetads.com/click/73247) L E A R N M O R E (http://ad.broadstreetads.com/click/73247)
  • 3. (http://ad.broadstreetads.com/click/73247) P L AT I N U M U N D E R W R I T E R Cayuga Medical Center (http://ad.broadstreetads.com/click/73247) Healing and preventing chronic wounds. (http://ad.broadstreetads.com/click/73247) L E A R N M O R E (http://ad.broadstreetads.com/click/73247) (http://ad.broadstreetads.com/click/73247) P L AT I N U M U N D E R W R I T E R Cayuga Medical Center (http://ad.broadstreetads.com/click/73247) Healing and preventing chronic wounds. (http://ad.broadstreetads.com/click/73247) L E A R N M O R E (http://ad.broadstreetads.com/click/73247) ITHACA, N.Y. The City of Ithaca, the Ithaca Police Department and an Ithaca police sergeant have submitted a response to the lawsuit 鍖led by the mothers of two teenagers who say their sons were racially pro鍖led in a controversial incident (http://ithacavoice.com/category/story-database/sgt- pulls-guns-on-teens/) on the night of August 9, 2014. The incident and damages alleged in the complaint were caused by the the plaintiffs culpable conduct," states the defense 鍖ling, submitted earlier this month in federal court, by the city and police department, "and the defendants acts were privileged, justi鍖ed, reasonable, without malice, and were done in good faith, with reasonable suspicion, with probable cause, and/or under exigent circumstances." The incident and damages alleged in the complaint were caused by the culpable conduct of a third person or third persons over whom these defendants had no control and for whose acts these defendants are not responsible.
  • 4. The mothers $2 million lawsuit (http://ithacavoice.com/2015/08/new- lawsuit-ithaca-police-racially-pro鍖led-teens-in-2014-incident/) says that, on that day, the two teenagers went to play basketball at Helen Newman Hall on the Cornell Campus. At 10:15 pm, they left the gym with some friends and rode their bicycles back towards Collegetown, down Buffalo Street, and then biked to the house of one of the teens' mothers on Third Street. (http://ithacavoice.com/wp-content/uploads/2015/08/BupNbaKIIAAJRdo.jpg? 468fb8) A police sergeant pulled his weapon on two unarmed minority teens one night in August 2014, the same night of a car 鍖re shown above. That decision is now at the heart of a $2 million civil lawsuit against the city and IPD. (Provided photo) According to the lawsuit, during this biking trip Ithaca police Sgt. John Norman racially pro鍖led the boys and proceeded to treat them as suspects in two arsons they had not committed. The children tried to get
  • 5. away from the of鍖cer who appeared to them an unidenti鍖ed man in an unmarked Volvo but Norman exited his vehicle and pulled his gun on them, telling them to lay down on the ground, according to the lawsuit. While the boys complied, at least four other Ithaca police of鍖cers arrived on the scene and handcuffed them. When the boys mothers arrived, they found their children on the ground, crying, with their hands handcuffed behind their backs," the complaint states. The incident set off a wave of protests at City Hall and led Mayor Svante Myrick to propose a series (http://ithacavoice.com/2014/08/editorial- mayor-myricks-proposed-police-reforms-bold-innovative-meaningful/) of police reforms. City's defense The city and police department, however, deny that they are to blame for any harm incurred by the boys. CONTENT CONTINUED BELOW (http://www.ithacavoice.com/membership) ANNOUNCEMENT
  • 6. The incident and damages alleged in the complaint were caused by plaintiffs culpable conduct, reads one line of the defense. Plaintiffs assumed the risk of injury, which risks were open, obvious, and known. The City of Ithacas answer also denies many of the allegations of the initial complaint; for instance, that the city police force treated innocent African American youth who would not comply with a white, unidenti鍖ed of鍖cers directives or that they covered up their actions by falsely and publicly connecting the boys to a criminal investigation. The complaint also claimed that as a result of Sgt. Norman drawing a weapon against them, the boys had experienced pain, suffering and mental anguish; fear of law enforcement; loss of enjoyment in life; loss of dignity; loss of constitutional rights; damage to reputation and good name; stress, anxiety and fear. (http://ithacavoice.com/the-ithaca-voice-series-page-catch-up-with-the-crucial- ithaca-stories-you-may-have-missed/) Click on the Ithaca Voice Story Database to learn more. Stories on this topic are 鍖led under "Sgt. pulls gun on minority teens in Ithaca." The citys response denies that Norman should be a defendant in the lawsuit. To the extent there are claims against defendant John Norman in his of鍖cial capacity, they are barred because they are duplicative of the claims against defendants City of Ithaca and the Ithaca Police Department, the defense states.
  • 7. When news of the lawsuit emerged in August, city of鍖cials then said they would 鍖ght the claims they called entirely meritless. The stop was legal, justi鍖ed and entirely race-neutral, as indicated by the Citys internal review of this incident, said a statement from Mayor Myrick and Chief John Barber. The city is being defended in the lawsuit by Molly M. Ryan of Goldberg Segalla LLP. The teens' mothers are being represented by Ray Schlather, a prominent Ithaca attorney. (http://ad.broadstreetads.com/click/73091) G O L D U N D E R W R I T E R Honda of Ithaca (http://ad.broadstreetads.com/click/73091) Featuring the 2016 CRV LX (http://ad.broadstreetads.com/click/73091) L E A R N M O R E (http://ad.broadstreetads.com/click/73091) (http://ad.broadstreetads.com/click/73091) G O L D U N D E R W R I T E R Honda of Ithaca (http://ad.broadstreetads.com/click/73091) Featuring the 2016 CRV LX (http://ad.broadstreetads.com/click/73091) L E A R N M O R E (http://ad.broadstreetads.com/click/73091) (http://ad.broadstreetads.com/click/73091) G O L D U N D E R W R I T E R Honda of Ithaca (http://ad.broadstreetads.com/click/73091) Featuring the 2016 CRV LX (http://ad.broadstreetads.com/click/73091) L E A R N M O R E (http://ad.broadstreetads.com/click/73091) We believe that free access to in-depth, locally-focused journalism makes our community stronger and better informed. Click the button below to make a one-time donation or join our generous Ithaca Voice Donor Members (http://www.ithacavoice.com/membership) who sustain us with monthly recurring gifts.
  • 8. TAGS (http://ithacavoice.com/author/benedetta-luciana-sara-carnaghi/) Donate Now (https://co.clickandpledge.com/Default.aspx? WID=118105) SGT. PULLS GUNS ON TEENS (HTTP://ITHACAVOICE.COM/TAG/SGT-PULLS-GUNS-ON-TEENS/) Benedetta Luciana Sara Carnaghi (http://ithacavoice.com/author/benedetta-luciana-sara- carnaghi/) Advertise Here
  • 9. You like this Ithaca Voice 14,908 likes Liked Sign Up WHAT DOES IT TAKE TO COME TO ITHACA AS A REFUGEE? (HTTP://ITHACAVOICE.COM/2016/08/WHAT-DOES-IT-TAKE-TO-COME-TO-ITHACA-AS-A- REFUGEE/) ITHACA (HTTP://ITHACAVOICE.COM/CATEGORY/NEWS/ITHACA/), NEWS (HTTP://ITHACAVOICE.COM/CATEGORY/NEWS/), ROAD TO REFUGE (HTTP://ITHACAVOICE.COM/CATEGORY/ROAD-TO- REFUGE/), TOMPKINS COUNTY (HTTP://ITHACAVOICE.COM/CATEGORY/NEWS/TOMPKINS-COUNTY/), TOP (HTTP://ITHACAVOICE.COM/CATEGORY/TOP/) / AUGUST 20, 2016 12 THINGS EVERY NEW STUDENT SHOULD KNOW ABOUT ITHACA (HTTP://ITHACAVOICE.COM/2016/08/12-THINGS-EVERY-NEW-STUDENT-KNOW- ITHACA/) ARTS & CULTURE (HTTP://ITHACAVOICE.COM/CATEGORY/ARTS-CULTURE/), ITHACA (HTTP://ITHACAVOICE.COM/CATEGORY/NEWS/ITHACA/), TOP (HTTP://ITHACAVOICE.COM/CATEGORY/TOP/) / AUGUST 19, 2016 RALLY PLANNED IN SUPPORT OF CONVICTED SEX ABUSER, FORMER CORNELL STUDENT (HTTP://ITHACAVOICE.COM/2016/08/RALLY-PLANNED-SUPPORT- CONVICTED-SEX-ABUSER-FORMER-CORNELL-STUDENT/) CORNELL (HTTP://ITHACAVOICE.COM/CATEGORY/EDUCATION/CORNELL-EDUCATION/), CRIME & COURTS (HTTP://ITHACAVOICE.COM/CATEGORY/CRIME-COURTS/), NEWS (HTTP://ITHACAVOICE.COM/CATEGORY/NEWS/) / AUGUST 19, 2016 TOMPKINS COUNTY: 11 OVERDOSE DEATHS CONFIRMED THROUGH JULY 2016 (HTTP://ITHACAVOICE.COM/2016/08/TOMPKINS-11-OVERDOSE-DEATHS-CONFIRMED- JULY-2016/) HEALTH & HUMAN SERVICES (HTTP://ITHACAVOICE.COM/CATEGORY/HEALTH-HUMAN-SERVICES/), ITHACA (HTTP://ITHACAVOICE.COM/CATEGORY/NEWS/ITHACA/), PUBLIC SAFETY (HTTP://ITHACAVOICE.COM/CATEGORY/PUBLIC-SAFETY/), THE ITHACA PLAN (HTTP://ITHACAVOICE.COM/CATEGORY/THE-ITHACA-PLAN/), TOMPKINS COUNTY LATEST POSTS
  • 10. Become a Member (http://www.ithacavoice.com/membership) (HTTP://ITHACAVOICE.COM/CATEGORY/NEWS/TOMPKINS-COUNTY/), TOP (HTTP://ITHACAVOICE.COM/CATEGORY/TOP/) / AUGUST 19, 2016 YOGA FARM TO LAUNCH NEW EDUCATIONAL PROGRAM DURING OPEN HOUSE IN LANSING (HTTP://ITHACAVOICE.COM/2016/08/YOGA-FARM-LAUNCH-NEW- EDUCATIONAL-PROGRAM-OPEN-HOUSE-LANSING/) ARTS & CULTURE (HTTP://ITHACAVOICE.COM/CATEGORY/ARTS-CULTURE/), COMMUNITY ANNOUNCEMENTS (HTTP://ITHACAVOICE.COM/CATEGORY/COMMUNITY-ANNOUNCEMENTS/), TOMPKINS COUNTY (HTTP://ITHACAVOICE.COM/CATEGORY/NEWS/TOMPKINS-COUNTY/), TOP (HTTP://ITHACAVOICE.COM/CATEGORY/TOP/) / AUGUST 19, 2016 SUBSCRIBE TO THE ITHACA VOICES E-NEWSLETTER Don't miss a thing. Get the top headlines of the week in your email inbox every Friday. Email address: Your email address SIGN UP ABOUT US The Ithaca Voice is an online-only news and information site serving the Ithaca area and Tompkins County. Launched June 2014, it is a free and independent source of journalism that is updated daily. SUPPORT THE ITHACA VOICE
  • 11. 息 Copyright The Ithaca Voice (//your-site-url). All rights reserved.