| Woman
Assaulted During Occupy Wall
Street By NYPD Won $431000 But
Stayed for Motions
By Matthew
Russell Lee, Patreon Maxwell
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SDNY COURTHOUSE,
July 13 – During the Occupy
Wall Street protests on March
21, 2012, Mary M. Tardif was
supporting protested in Union
Square when an officer threw
her on the ground, she said,
banging her head on the
pavement.
More than
ten years later on June 22,
2022 U.S. District Court for
the Southern District of New
York Judge Kimba M. Wood began
the trial. Inner City Press
went and covered it.
Tardif's lawyer, speaking from
COVID protocol glassed-in box,
told the jury about the
assault, then previewed some
of his client's brain injury
and evidence.
There was been
pre-trial motion practice
about which expert testimony
can some in.
Coming in
is evidence about white matter
hyperintensity. Plaintiff's
counsel on June 22 described
for the jury white matter
surrounded by gray matter.
Jump cut to
Friday, July 1: in a
near-empty courthouse the jury
was deliberating. And they
returned a verdict for Tardif,
for $431,250, just before the
Independence Day holiday.
Occupy Wall Street.
On July 13, delay
in payment: "ORDER: On July 1,
2022, the jury returned a
verdict for Mary Tardif,
finding the City of New York
to be liable for battery on
the basis of Sergeant Giovanni
Mattera's conduct, but not to
be liable for assault, and
awarding Ms. Tardif $431,250
in compensatory damages.
Immediately after the verdict
was announced, Defendant
renewed its Rule 50 motion for
judgment as a matter of law
and made a Rule 59 motion to
set aside the verdict as
against the weight of the
evidence. Fed. R. Civ. P. 50,
59. The Court set a schedule
for briefing both of these
motions: Defendant must file
its memorandum of law in
support by August 1, 2022;
Plaintiff must file her
memorandum of law in
opposition by September 15,
2022; and, if Defendant wishes
to file a reply, it must do so
by October 17, 2022. Judgment
was entered on July 12, 2022.
(ECF No. 550.) The parties
agreed that execution on the
judgment should be stayed
pending the Court's resolution
of Defendant's post-trial
motions. Pursuant to Rule
62(b) of the Federal Rules of
Civil Procedure, Defendant
must post a suitable bond or
other security to obtain a
stay that lasts longer than
the automatic thirty-day stay.
This bond or security must be
in the amount of $431,250.
Upon the Court's approval of
Defendant's bond or security,
the Court will stay execution
on the judgment and
proceedings to enforce it
until thirty days after the
Court issues a ruling on
Defendant's Rule 50 and Rule
59 motions. SO ORDERED., (
Motions due by 8/1/2022.,
Responses due by 9/15/2022,
Replies due by 10/17/2022.)
(Signed by Judge Kimba M. Wood
on 7/13/2022)."
The case is
Tardif v. City of New York, et
al., 12-cv-4056 (Wood)
***
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