The settlement comes after a civil rights lawsuit was filed in Manhattan federal court on Wednesday. If approved by a judge, it will be one of the largest payouts ever for mass arrests.
The lawsuit specifically focused on 18 protests that took place in New York City in the week following the death of George Floyd in May. According to the plaintiffs' attorneys, eligible individuals will receive compensation of $9,950 each.
The protests and riots that followed Floyd's killing resulted in 18 deaths, $350 million worth of property damage in the Minneapolis area, and nearly $2 billion nationwide. In just a few days, approximately 10,000 people were arrested.
Similar settlements are being negotiated in several other cities across the United States, as they grapple with the handling of protesters who engaged in violent acts such as starting fires, throwing objects, breaking windows, and damaging buildings.
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However, the settlement in New York City excludes protesters who were arrested in connection with violence, including those charged with trespassing, property destruction, assaulting an officer, arson, or weapons possession. Additionally, individuals seen on video obstructing police from making arrests may also be ineligible for compensation.
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The lawsuit named former Mayor Bill de Blasio, retired NYPD Commissioner Dermot Shea, and other police leaders as defendants. Under the terms of the settlement, neither the city nor the NYPD is required to admit any wrongdoing.
Attorneys representing the plaintiffs accused the NYPD leaders of violating protesters' First Amendment rights through brutal tactics and unlawful arrests. On the other hand, attorneys for the city argued that police officers were responding to a chaotic and unprecedented situation, highlighting instances of unruly protests where police vehicles were set on fire and officers were pelted with rocks and plastic bottles.
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The city's attorneys asserted that there was no systematic effort to deprive people of their right to protest, stating, "There is no history – or present or future – of unconstitutional policing." They also invoked qualified immunity, which shields police officers from lawsuits arising from lawful work performed in the line of duty.
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It is important to note that this settlement does not mandate any changes to the NYPD's policing practices. Other ongoing lawsuits seek injunctive relief and aim to bring about such changes, including one initiated by New York Attorney General Letitia James.
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In addition to this settlement, a separate class action settlement was announced earlier this year, which would award $21,500 to demonstrators in the Bronx who were arrested. Including legal fees, the total payout could amount to around $10 million.
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Furthermore, over 600 individuals have filed individual claims against New York City related to police actions during the 2020 protests, resulting in settlements that have cost the city nearly $12 million, according to Brad Lander, the city's comptroller.
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