"HEY, WHO STUCK THAT HOLE IN MY UNDERPANTS?" -- POLICE BRUTALITY? -- ATTORNEY FEES

From:New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Accident Lawyer)

Crazy stuff happening in Brooklyn. Brooklyn tattoo artist Michael Mineo claimed that on October 15, 2008 four cops jumped him in a subway station and assaulted him - and all he had done was smoke some pot. He says they did nasty things to him with a police baton. Mineo sued the officers and New York City Police Department for violating his civil rights, and being bad guys. He was seeking $440 Million.

Lawyers on both sides claimed that Mineo's underwear, which had a hole in the center where the baton allegedly penetrated, was altered by the other side.

The cops had previously been acquitted of charges in Brooklyn criminal court.

After conferring for a week, a Brooklyn federal jury dismissed the civil case against three of the four cops. As to the fourth cop, Richard Kern, they deadlocked, unable to reach a decision. Federal Judge Jack Weinstein granted a retrial against Kern, finding that there was enough evidence of excessive force to warrant giving Mineo (the plaintiff in the civil case) a retrial or, as we used to say in stickball, a "do over."

Now it gets really, really interesting. In our system of law, each side generally pays its own attorneys. So the New York City Police Department paid its lawyers, and Mineo is responsible for paying his own attorneys - who likely worked for a contingent fee or percentage of the recovery. This means if Mineo loses, his lawyers don't get paid. However, adding insult to injury, Judge Weinstein ruled that Mineo's case against the three officers was "frivolous," and ordered Mineo to pay all their legal fees and court costs, which are probably more than $100,000. So Mineo's already sort of lost. Even if he wins against Officer Kern. Get it?