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PAYDAY.(Darryl Barnes case and tort awards against New York City)

The New Yorker

| April 21, 2003 | Toobin, Jeffrey | COPYRIGHT 2003 All rights reserved. Reproduced by permission of The Condé Nast Publications Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Someone unfamiliar with the New York courts might conclude that Darryl Barnes had a pretty weak lawsuit against the city. In 1988, according to evidence presented at trial, he was a twenty-three-year-old member of a gang known as the Five Percenters, which espoused an ideological hatred of the police and urged its members to shoot and kill police officers rather than submit to arrest. On the night of August 22nd, Barnes was carrying an illegal Tec-9 submachine gun on a street not far from Yankee Stadium, in the Bronx. Frantz Jerome, an off-duty cop who had just left a ballgame, saw Barnes's gun, identified himself as a police officer, and told the young man to drop it. ...

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