Abner Louima
Encyclopedia
Abner Louima is a Haitian who was assaulted, brutalized and forcibly sodomized with the handle of a bathroom plunger by New York City police officers after being arrested outside a Brooklyn
nightclub in 1997.
.
On August 9, 1997, Louima visited Club Rendez-Vous, a popular nightclub in East Flatbush
. Late in the night, he and several other men interceded in a fight between two women. The police were called and several officers from the 70th Precinct were dispatched to the scene. There was a confrontation between the police, patrons and bystanders involved in the scuffle outside the club. The responding patrol officers included Justin Volpe, Charles Schwarz, Thomas Bruder, and Thomas Wiese, among others. In the ensuing scuffle, Volpe was struck by a "sucker-punch
" and identified Louima as his assailant. Volpe arrested Louima on charges of disorderly conduct
, obstructing government administration
, and resisting arrest
.
The arresting officers beat Louima with their fists, nightsticks, and hand-held police radios on the ride to the station. On arriving at the station house, he was strip-searched
and put in a holding cell. The beating continued later, culminating with Louima being sexually assaulted
in a bathroom at the 70th Precinct station house in Brooklyn. Volpe kicked Louima in the testicles, then, while Louima's hands were cuffed behind his back, he first grabbed onto and squeezed his testicles and then sodomized
him with a plunger, causing severe internal damage to his colon
and bladder
that required several operations to repair. According to trial testimony, Volpe then walked through the precinct holding the bloody, excrement-stained instrument in his hand, bragging to a Police Sergeant that he, "took a man down tonight."
Louima's teeth were also badly damaged in the attack by having the plunger handle jammed into his mouth. He testified to the presence of a second officer in the bathroom helping Volpe in the assault but he could not positively identify him. The identity of the second attacker became a point of serious contention during the trial and appeals. Louima also initially claimed that the officers involved in the attack called him a "nigger
" and shouted, "This is Giuliani
-time" during the beating. Louima later recanted this claim, and the reversal was used by defense lawyers to cast doubt on the entirety of his testimony.
The day after the incident, Louima was taken to the emergency room at Coney Island Hospital
. Escorting officers explained away his serious injuries being a result of "abnormal homosexual activities". An emergency room nurse, Magalie Laurent, suspecting the nature of Louima's extreme injuries were not the result of gay
sex, notified Louima's family and the Police Department's Internal Affairs Bureau
of the likelihood of sexual assault and battery. Louima was hospitalized for two months after the incident.
, as well as nationally. On August 29, 1997, an estimated 7,000 demonstrators marched on to the New York City Hall and the 70th Precinct station house where the attack took place. The march was dubbed "Day of Outrage Against Police Brutality and Harassment."
The Abner Louima case was mentioned in the 1998 Amnesty International
report on the United States of America
among several other cases of reported police brutality
, torture
and abuse. Amnesty International also uses the incident as a case study on a treatise in the campaign against torture.
Mike McAlary
, a New York Daily News
journalist won the 1998 Pulitzer Prize
for distinguished commentary for his exposé of the brutalization of Louima by NYPD officers.
, obstruction of justice
, and making false statements to police. Midway through the trial, Volpe changed his plea to guilty, confessing to having sodomized Louima. Despite the fact that Louima had several broken teeth, Volpe denied that he ever struck Louima in the mouth with the stick and claimed that he only put it very close to Louima's mouth. Volpe also admitted that he had threatened Louima's life. On December 13, 1999, Volpe was sentenced to 30 years in prison without the possibility of parole
, a $525 fine and restitution
in the amount of $277,495.
Charles Schwarz was convicted on June 27, 2000 for helping Volpe assault Louima in the bathroom and was sentenced to 15 years in prison. At the time of his conviction, there were numerous questions raised about whether he could receive a fair trial in the highly charged atmosphere. Volpe identified Thomas Wiese, not Schwarz, as the second man in a recorded interview on news show 60 Minutes
, a fact not brought up in the trial. The conviction was overturned by the U.S. Court of Appeals for the Second Circuit
, which found that Schwarz was denied a fair trial. However, in 2002 he pleaded guilty to a perjury
charge for testifying that he did not lead Louima to the bathroom, and was sentenced to five years in prison. His request for leniency was rejected on March 30, 2006. He was released to a halfway house in February 2007 with plans to move to the northern United States to work as a carpenter.
Three other NYPD officers, Thomas Bruder, Michael Bellomo and Thomas Wiese were indicted
for their involvement in trying to cover up the assault. On March 9, 2000, Thomas Wiese and Thomas Bruder along with Charles Schwarz were convicted on the charge of conspiracy
to obstruct a federal investigation into the assault on Louima, but their conviction was reversed by a federal appeal
s court in February 2002 on the grounds of insufficient evidence. Michael Bellomo was found not guilty of trying to cover up the beating of Louima and that of another Haitian immigrant by Volpe earlier that evening.
Volpe is currently serving his 30-year sentence at a minimum security facility at the Federal Correctional Complex, Coleman in Florida
and is scheduled for release in 2025.
settlement in New York City history. After legal fees, Louima collected approximately $5.8 million.
In February 2003, Abner Louima visited his family still living in Haiti. There he discussed the setting up of the Abner Louima Foundation, a nonprofit organization
with the hopes to raise money to build a community center and much-needed hospital in Haiti. Louima indicated he had plans to use his own money and donations to open community centers in Haiti, New York and Florida for Haitians and others seeking legal, financial or other aid. Louima also paid the school tuition for 14 poor children in Thomassin, a small community where he grew up. During his visit to Haiti, he met with the President of Haiti, Jean-Bertrand Aristide
, a former priest who Louima knew from his school days. In a rare interview; Louima said he's convinced he can make a difference in his impoverished homeland, "Maybe God saved my life for a reason, I believe in doing the right thing."
Louima currently resides in Miami Lakes
, Florida
, owning homes in suburban Miami and Port-au-Prince
, with several investment properties in Florida.
Louima has since participated in anti-police-brutality protests with Al Sharpton
, notably over the shooting death of Sean Bell
in 2006, and on August 9, 2007, exactly 10 years after his attack. On the latter date, Louima was honored in New York City by the National Action Network, at the House of Justice, for his courage and perseverance in seeking justice, in addition to his dedication to helping others who have suffered from police brutality.
Brooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
nightclub in 1997.
Background and incident
In 1997, 30-year-old Abner Louima was married, had one child, and had been living in Brooklyn for the previous six years. Although he had trained as an electrical engineer in Haiti, Louima worked as a security guard in a water-and-sewage plant in Flatlands, BrooklynFlatlands, Brooklyn
Flatlands is a neighborhood in the New York City borough of Brooklyn. The area is part of Brooklyn Community Board 18.One of the original five Dutch towns on Long Island , this neighborhood was originally known as Nieuw Amersfoort, after the Dutch city of Amersfoort, but the name was changed to...
.
On August 9, 1997, Louima visited Club Rendez-Vous, a popular nightclub in East Flatbush
East Flatbush, Brooklyn
East Flatbush is a neighborhood in the New York City borough of Brooklyn. The area is part of Brooklyn Community Board 17 Though the borders of East Flatbush are highly subjective, its northern border is roughly at Empire Boulevard and East New York Avenue east of East 91st Street, its southern...
. Late in the night, he and several other men interceded in a fight between two women. The police were called and several officers from the 70th Precinct were dispatched to the scene. There was a confrontation between the police, patrons and bystanders involved in the scuffle outside the club. The responding patrol officers included Justin Volpe, Charles Schwarz, Thomas Bruder, and Thomas Wiese, among others. In the ensuing scuffle, Volpe was struck by a "sucker-punch
Sucker-punch
A sucker punch is a blow made without warning, allowing no time for preparation or defense on the part of the recipient. The term is generally reserved for situations where the way in which the blow has been delivered is considered unfair or unethical...
" and identified Louima as his assailant. Volpe arrested Louima on charges of disorderly conduct
Disorderly conduct
Disorderly conduct is a criminal charge in most jurisdictions in the United States. Typically, disorderly conduct makes it a crime to be drunk in public, to "disturb the peace", or to loiter in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such...
, obstructing government administration
Obstructing government administration
A person is guilty of obstructing government administration if the person intentionally interferes by force, violence or intimidation or by any physical act with a public servant performing or purporting to perform an official function.-External links:...
, and resisting arrest
Resisting arrest
Resisting arrest is a term used to describe a criminal charge against an individual who has committed, depending on the jurisdiction, at least one of the following acts:* threatening a police officer with physical violence while being arrested...
.
The arresting officers beat Louima with their fists, nightsticks, and hand-held police radios on the ride to the station. On arriving at the station house, he was strip-searched
Strip search
A strip search is the stripping of a person to check for weapons or other contraband.-Legality of strip searches:...
and put in a holding cell. The beating continued later, culminating with Louima being sexually assaulted
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
in a bathroom at the 70th Precinct station house in Brooklyn. Volpe kicked Louima in the testicles, then, while Louima's hands were cuffed behind his back, he first grabbed onto and squeezed his testicles and then sodomized
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
him with a plunger, causing severe internal damage to his colon
Colon (anatomy)
The colon is the last part of the digestive system in most vertebrates; it extracts water and salt from solid wastes before they are eliminated from the body, and is the site in which flora-aided fermentation of unabsorbed material occurs. Unlike the small intestine, the colon does not play a...
and bladder
Urinary bladder
The urinary bladder is the organ that collects urine excreted by the kidneys before disposal by urination. A hollow muscular, and distensible organ, the bladder sits on the pelvic floor...
that required several operations to repair. According to trial testimony, Volpe then walked through the precinct holding the bloody, excrement-stained instrument in his hand, bragging to a Police Sergeant that he, "took a man down tonight."
Louima's teeth were also badly damaged in the attack by having the plunger handle jammed into his mouth. He testified to the presence of a second officer in the bathroom helping Volpe in the assault but he could not positively identify him. The identity of the second attacker became a point of serious contention during the trial and appeals. Louima also initially claimed that the officers involved in the attack called him a "nigger
Nigger
Nigger is a noun in the English language, most notable for its usage in a pejorative context to refer to black people , and also as an informal slang term, among other contexts. It is a common ethnic slur...
" and shouted, "This is Giuliani
Rudy Giuliani
Rudolph William Louis "Rudy" Giuliani KBE is an American lawyer, businessman, and politician from New York. He served as Mayor of New York City from 1994 to 2001....
-time" during the beating. Louima later recanted this claim, and the reversal was used by defense lawyers to cast doubt on the entirety of his testimony.
The day after the incident, Louima was taken to the emergency room at Coney Island Hospital
Coney Island Hospital
Coney Island Hospital is a public hospital located in Brooklyn, New York City. It is owned by the New York City Health and Hospitals Corporation.-History:...
. Escorting officers explained away his serious injuries being a result of "abnormal homosexual activities". An emergency room nurse, Magalie Laurent, suspecting the nature of Louima's extreme injuries were not the result of gay
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
sex, notified Louima's family and the Police Department's Internal Affairs Bureau
Internal affairs (law enforcement)
The internal affairs division of a law enforcement agency investigates incidents and plausible suspicions of lawbreaking and professional misconduct attributed to officers on the force...
of the likelihood of sexual assault and battery. Louima was hospitalized for two months after the incident.
Public reaction
The incident provoked outrage among the Haitian and other minority communities in New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
, as well as nationally. On August 29, 1997, an estimated 7,000 demonstrators marched on to the New York City Hall and the 70th Precinct station house where the attack took place. The march was dubbed "Day of Outrage Against Police Brutality and Harassment."
The Abner Louima case was mentioned in the 1998 Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
report on the United States of America
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
among several other cases of reported police brutality
Police brutality
Police brutality is the intentional use of excessive force, usually physical, but potentially also in the form of verbal attacks and psychological intimidation, by a police officer....
, torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
and abuse. Amnesty International also uses the incident as a case study on a treatise in the campaign against torture.
Mike McAlary
Mike McAlary
Mike McAlary was a Pulitzer Prize-winning journalist and columnist who worked at the New York Daily News for 12 years, beginning with the police beat....
, a New York Daily News
New York Daily News
The Daily News of New York City is the fourth most widely circulated daily newspaper in the United States with a daily circulation of 605,677, as of November 1, 2011....
journalist won the 1998 Pulitzer Prize
Pulitzer Prize
The Pulitzer Prize is a U.S. award for achievements in newspaper and online journalism, literature and musical composition. It was established by American publisher Joseph Pulitzer and is administered by Columbia University in New York City...
for distinguished commentary for his exposé of the brutalization of Louima by NYPD officers.
Criminal trials
NYPD officer Justin Volpe initially pleaded not guilty to several counts of violating Louima's civil rightsCivil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
, obstruction of justice
Obstruction of justice
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
, and making false statements to police. Midway through the trial, Volpe changed his plea to guilty, confessing to having sodomized Louima. Despite the fact that Louima had several broken teeth, Volpe denied that he ever struck Louima in the mouth with the stick and claimed that he only put it very close to Louima's mouth. Volpe also admitted that he had threatened Louima's life. On December 13, 1999, Volpe was sentenced to 30 years in prison without the possibility of parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
, a $525 fine and restitution
Restitution
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court...
in the amount of $277,495.
Charles Schwarz was convicted on June 27, 2000 for helping Volpe assault Louima in the bathroom and was sentenced to 15 years in prison. At the time of his conviction, there were numerous questions raised about whether he could receive a fair trial in the highly charged atmosphere. Volpe identified Thomas Wiese, not Schwarz, as the second man in a recorded interview on news show 60 Minutes
60 Minutes
60 Minutes is an American television news magazine, which has run on CBS since 1968. The program was created by producer Don Hewitt who set it apart by using a unique style of reporter-centered investigation....
, a fact not brought up in the trial. The conviction was overturned by the U.S. Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
, which found that Schwarz was denied a fair trial. However, in 2002 he pleaded guilty to a perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
charge for testifying that he did not lead Louima to the bathroom, and was sentenced to five years in prison. His request for leniency was rejected on March 30, 2006. He was released to a halfway house in February 2007 with plans to move to the northern United States to work as a carpenter.
Three other NYPD officers, Thomas Bruder, Michael Bellomo and Thomas Wiese were indicted
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
for their involvement in trying to cover up the assault. On March 9, 2000, Thomas Wiese and Thomas Bruder along with Charles Schwarz were convicted on the charge of conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
to obstruct a federal investigation into the assault on Louima, but their conviction was reversed by a federal appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s court in February 2002 on the grounds of insufficient evidence. Michael Bellomo was found not guilty of trying to cover up the beating of Louima and that of another Haitian immigrant by Volpe earlier that evening.
Volpe is currently serving his 30-year sentence at a minimum security facility at the Federal Correctional Complex, Coleman in Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
and is scheduled for release in 2025.
Aftermath
Louima's subsequent civil suit against the city resulted in a settlement of $8.75 million on July 30, 2001, the largest police brutalityPolice brutality
Police brutality is the intentional use of excessive force, usually physical, but potentially also in the form of verbal attacks and psychological intimidation, by a police officer....
settlement in New York City history. After legal fees, Louima collected approximately $5.8 million.
In February 2003, Abner Louima visited his family still living in Haiti. There he discussed the setting up of the Abner Louima Foundation, a nonprofit organization
Nonprofit organization
Nonprofit organization is neither a legal nor technical definition but generally refers to an organization that uses surplus revenues to achieve its goals, rather than distributing them as profit or dividends...
with the hopes to raise money to build a community center and much-needed hospital in Haiti. Louima indicated he had plans to use his own money and donations to open community centers in Haiti, New York and Florida for Haitians and others seeking legal, financial or other aid. Louima also paid the school tuition for 14 poor children in Thomassin, a small community where he grew up. During his visit to Haiti, he met with the President of Haiti, Jean-Bertrand Aristide
Jean-Bertrand Aristide
Jean-Bertrand Aristide is a Haitian former Catholic priest and politician who served as Haiti's first democratically elected president. A proponent of liberation theology, Aristide was appointed to a parish in Port-au-Prince in 1982 after completing his studies...
, a former priest who Louima knew from his school days. In a rare interview; Louima said he's convinced he can make a difference in his impoverished homeland, "Maybe God saved my life for a reason, I believe in doing the right thing."
Louima currently resides in Miami Lakes
Miami Lakes, Florida
Miami Lakes is a Miami suburban incorporated town and former census-designated place in Miami-Dade County, Florida, United States. The population was 22,676 at the 2000 census. As of 2004, the population recorded by the U.S...
, Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, owning homes in suburban Miami and Port-au-Prince
Port-au-Prince
Port-au-Prince is the capital and largest city of the Caribbean nation of Haiti. The city's population was 704,776 as of the 2003 census, and was officially estimated to have reached 897,859 in 2009....
, with several investment properties in Florida.
Louima has since participated in anti-police-brutality protests with Al Sharpton
Al Sharpton
Alfred Charles "Al" Sharpton, Jr. is an American Baptist minister, civil rights activist, and television/radio talk show host. In 2004, he was a candidate for the Democratic nomination for the U.S. presidential election...
, notably over the shooting death of Sean Bell
Sean Bell shooting incident
The Sean Bell shooting incident took place in the New York City borough of Queens, New York, United States on November 25, 2006, when three men were shot a total of fifty times by a team of both plainclothes and undercover NYPD officers, killing one of the men, Sean Bell, on the morning before his...
in 2006, and on August 9, 2007, exactly 10 years after his attack. On the latter date, Louima was honored in New York City by the National Action Network, at the House of Justice, for his courage and perseverance in seeking justice, in addition to his dedication to helping others who have suffered from police brutality.
See also
- Joseph Gray (police officer)Joseph Gray (police officer)Joseph Gray is a New York City Police Department officer who killed three pedestrians on August 4, 2001 while driving drunk in Brooklyn. The event "mushroomed into scandal" when it was discovered that other officers were drinking with Gray in a topless bar and a nearby precinct parking lot before...
- Frank LinoFrank LinoFrank "Curly" Lino is a Sicilian-American caporegime in the Bonanno crime family who later became an informant.-Biography:...
- NYPD subway sodomy incidentNYPD subway sodomy incidentThe NYPD subway sodomy incident refers to the circumstances surrounding the October 15, 2008, arrest of Michael Mineo by New York City Police Department officers. According to Mineo, the arresting police officers pinned him to the ground, while Richard Kern, one of the officers, pulled down...
- Police brutality (United States)
External links
- Duke Law Journal (48 Duke L. J. 1157) Prosecuting race by Anthony V. Alfieri
- McAlary, M. (1997.) They Saw Louima's Terror, The New York Daily News - 1998 Pulitzer Prize1998 Pulitzer Prize-Journalism:-Letters:* Biography or Autobiography** Personal History by Katharine Graham * Fiction** American Pastoral by Philip Roth * History...
winner for distinguished commentary. - Original police incident reports, interviews, and other documents at The Smoking GunThe Smoking GunThe Smoking Gun is a website that posts legal documents, arrest records, and police mugshots on a daily basis. The intent is to bring to the public light information that is damning, shocking, outrageous, or amazing, yet also somewhat obscure or unreported by more mainstream media sources...
.