8/04/2012

New York City refuses to defend the cop who pepper-sprayed Occupy protesters

Screenshot from YouTube user LeakSourceArchive
New York City will not provide a defense attorney for Police Officer Anthony Bologna, who was caught on camera pepper-spraying Occupy Wall Street protesters and now faces a civil lawsuit.

The now-notorious cop, a 29-year veteran of the NYPD and a deputy inspector, will have to cover his own legal fees, with the help of his union, the Captains Endowment Association.

A widely seen YouTube video showed Bologna pepper spraying at least two girls at an Occupy protest, who fell to the ground, screaming and crying in pain while the officer purportedly turned and walked away.
A month after the Sept. 24 incident, a police investigation found that the cop had violated NYPD guidelines.

Patrol Guide 212-95 lists situations in which an officer may legally use pepper spray. It may only be used in situations where the officer must protect himself or another from harm, establish control of someone resisting arrest or someone trying to flee from custody, establish control of an emotionally disturbed person or prevent an attack from a dangerous animal.

Officer Bologna’s immediate punishment was a command discipline that docked his vacation by 10 days. The cop accepted the punishment, hoping he could move on with his career. But in February, his two victims filed a lawsuit against Bologna for illegally spraying them. The city, in turn, refused to protect the cop. An unrelated group of two protesters filed an additional lawsuit against the cop on Tuesday. Aside from paying for his own defense, Bologna may also be held personally liable for financial damages that could arise out of the suit.  (rt.com)

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