Abner Louima
   HOME

TheInfoList



OR:

Abner Louima (born November 24, 1966 in
Thomassin Thomassin is a neighborhood on the mountainside south of Pétion-Ville, Haiti Haiti (; ht, Ayiti ; French: ), officially the Republic of Haiti (); ) and formerly known as Hayti, is a country located on the island of Hispaniola in the G ...
,
Haiti Haiti (; ht, Ayiti ; French: ), officially the Republic of Haiti (); ) and formerly known as Hayti, is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean Sea, east of Cuba and Jamaica, and s ...
) is a
Haitian American Haitian Americans (french: Haïtiens-Américains; ht, ayisyen ameriken) are a group of Americans of full or partial Haitian origin or descent. The largest proportion of Haitians in the United States live in Little Haiti to the South Florida ar ...
man who, in 1997, was physically attacked, brutalized, and raped by officers of the
New York City Police Department The New York City Police Department (NYPD), officially the City of New York Police Department, established on May 23, 1845, is the primary municipal law enforcement Law enforcement is the activity of some members of government who act i ...
(
NYPD The New York City Police Department (NYPD), officially the City of New York Police Department, established on May 23, 1845, is the primary municipal law enforcement agency within the City of New York, the largest and one of the oldest in ...
) after he was arrested outside a
Brooklyn Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, be ...
nightclub. His injuries were so severe that he required three major surgeries. At first, the police attempted to cover up the attack. Officers responsible for the attack were charged and convicted in federal court, and one is still in federal prison serving a 30-year sentence. In 2001, Louima received a settlement (equivalent to about $M in ) in his civil suit against the city for
police brutality Police brutality is the excessive and unwarranted use of force by law enforcement against an individual or a group. It is an extreme form of police misconduct and is a civil rights violation. Police brutality includes, but is not limited to ...
, the largest civil settlement at that time for such abuse. He has set up the Abner Louima Foundation to establish a hospital and community centers in
Haiti Haiti (; ht, Ayiti ; French: ), officially the Republic of Haiti (); ) and formerly known as Hayti, is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean Sea, east of Cuba and Jamaica, and s ...
,
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and ...
, and
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
for Haitian residents, immigrants, and others in need.


Background

Abner Louima was born and grew up in
Thomassin Thomassin is a neighborhood on the mountainside south of Pétion-Ville, Haiti Haiti (; ht, Ayiti ; French: ), officially the Republic of Haiti (); ) and formerly known as Hayti, is a country located on the island of Hispaniola in the G ...
, a small community in
Haiti Haiti (; ht, Ayiti ; French: ), officially the Republic of Haiti (); ) and formerly known as Hayti, is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean Sea, east of Cuba and Jamaica, and s ...
. He immigrated to the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
in 1991, where he married and had one child. In 1997, he was living in
Brooklyn Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, be ...
with his family. He had been trained as an
electrical engineer Electrical engineering is an engineering discipline concerned with the study, design, and application of equipment, devices, and systems which use electricity, electronics, and electromagnetism. It emerged as an identifiable occupation in the l ...
in
Haiti Haiti (; ht, Ayiti ; French: ), officially the Republic of Haiti (); ) and formerly known as Hayti, is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean Sea, east of Cuba and Jamaica, and s ...
, but in
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
, Louima was unable to get a position related to his education. He worked as a
security guard A security guard (also known as a security inspector, security officer, or protective agent) is a person employed by a government or private party to protect the employing party's assets (property, people, equipment, money, etc.) from a variety ...
in a water and sewage plant in the Flatlands area of
Brooklyn Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, be ...
. By 1997, he was a
naturalized Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the in ...
citizen of the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
.


Incident

On the night of August 9, 1997, the police were called and several officers from the 70th Precinct were dispatched to the scene where Abner Louima and other men had been involved in a fight between two women in Club Rendez-Vous, a popular nightclub in East Flatbush,
Brooklyn Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, be ...
. Police, supporters, and various people all became involved in the fight outside the club. Police officers Justin Volpe, Charles Schwarz, Thomas Bruder, and Thomas Wiese, and others responded to the scene. In the ongoing altercation, Volpe said that Louima had attacked him. Louima was charged with
disorderly conduct Disorderly conduct is a crime in most jurisdictions in the United States, the People's Republic of China, and Taiwan. Typically, "disorderly conduct" makes it a crime to be drunk in public, to " disturb the peace", or to loiter in certain are ...
, obstructing government administration, and
resisting arrest Resisting arrest, or simply resisting, is an illegal act of a suspected criminal either fleeing, threatening, assaulting, or providing a fake ID to a police officer during arrest. In most cases, the person responsible for resisting arrest is crimi ...
. Later, Volpe admitted his accusation about Louima being his assailant was a lie. On the ride to the station, the arresting officers beat Louima with their fists, nightsticks, and hand-held police radios. On arriving at the station house, they had Louima strip-searched and put in a holding cell. The beating continued later, culminating with Louima being forcibly sodomized in a bathroom at the 70th Precinct station house in Brooklyn. Volpe kicked Louima in the
testicles A testicle or testis (plural testes) is the male reproductive gland or gonad in all bilaterians, including humans. It is homologous to the female ovary. The functions of the testes are to produce both sperm and androgens, primarily testosteron ...
, and while Louima's hands were cuffed behind his back, he first grabbed onto and squeezed his testicles and then forced a broken broomstick up his
rectum The rectum is the final straight portion of the large intestine in humans and some other mammals, and the gut in others. The adult human rectum is about long, and begins at the rectosigmoid junction (the end of the sigmoid colon) at the l ...
. According to trial testimony, Volpe walked through the precinct holding the bloody, excrement-stained instrument in his hand, bragging to a
police sergeant Sergeant (abbreviated to Sgt. and capitalized when used as a named person's title) is a rank in many uniformed organizations, principally military and policing forces. The alternative spelling, ''serjeant'', is used in The Rifles and other un ...
that he "took a man down tonight." Louima's teeth were also badly damaged in the attack when the broom handle was jammed into his mouth. He testified that a second officer in the bathroom helped Volpe in the assault but 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 racial slur and shouted, "This is
Giuliani Giuliani is an Italian family name, which can refer to: * Carlo Giuliani, who died during the demonstrations against 2001 G8 * Carlo Giuliani (bishop), died 1663, bishop of Ston * François Giuliani, (1938–2009) Algerian journalist and publici ...
-time" during the beating. Louima later recanted that claim. The reversal was used by police defense lawyers to cast doubt on the entirety of his testimony. The day after the incident, police took Louima to the
emergency department An emergency department (ED), also known as an accident and emergency department (A&E), emergency room (ER), emergency ward (EW) or casualty department, is a medical treatment facility specializing in emergency medicine, the acute care of pati ...
at
Coney Island Hospital The hospital's Behavioral Health Clinic Coney Island Hospital is a public teaching hospital located in the Coney Island neighborhood of Brooklyn, New York City. It is owned by NYC Health + Hospitals, a public benefit corporation of the city ...
. Escorting officers explained away his serious injuries, saying they were the result of "abnormal
homosexual Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to pe ...
activities." An Emergency Department (ED) nurse, Magalie Laurent, suspecting that Louima's extreme injuries were not the result of consensual sex, notified Louima's family and the Police Department's
Internal Affairs Bureau The New York City Police Department (NYPD), officially the City of New York Police Department, established on May 23, 1845, is the primary municipal law enforcement agency within the City of New York, the largest and one of the oldest i ...
of the likelihood that he had been raped and beaten in custody. Louima suffered severe internal damage to his colon and
bladder The urinary bladder, or simply bladder, is a hollow organ in humans and other vertebrates that stores urine from the kidneys before disposal by urination. In humans the bladder is a distensible organ that sits on the pelvic floor. Urine en ...
in the attack, which required three major operations to repair. He was hospitalized for two months after the incident.


Public reaction

Reports of the incident and the severity of Louima's injuries provoked national outrage. On August 29, 1997, an estimated 7,000 demonstrators marched to the
New York City Hall New York City Hall is the seat of New York City government, located at the center of City Hall Park in the Civic Center area of Lower Manhattan, between Broadway, Park Row, and Chambers Street. Constructed from 1803 to 1812, the building i ...
and the 70th Precinct station house at 154 Lawrence Avenue where the attack took place. The march was dubbed "Day of Outrage Against Police Brutality and Harassment." The case was mentioned in the 1998
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and s ...
report on the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, among several other cases of
police brutality Police brutality is the excessive and unwarranted use of force by law enforcement against an individual or a group. It is an extreme form of police misconduct and is a civil rights violation. Police brutality includes, but is not limited to ...
,
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts ...
, and
abuse Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other t ...
.
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and s ...
also uses the incident as a case study on a treatise in the campaign against torture. Mike McAlary, a ''
New York Daily News The New York ''Daily News'', officially titled the ''Daily News'', is an American newspaper based in Jersey City, NJ. It was founded in 1919 by Joseph Medill Patterson as the ''Illustrated Daily News''. It was the first U.S. daily printed in ...
'' journalist, investigated and reported an exposé of the brutalization of Louima by
NYPD The New York City Police Department (NYPD), officially the City of New York Police Department, established on May 23, 1845, is the primary municipal law enforcement agency within the City of New York, the largest and one of the oldest in ...
officers. He won the 1998
Pulitzer Prize The Pulitzer Prize () is an award for achievements in newspaper, magazine, online journalism, literature, and musical composition within the United States. It was established in 1917 by provisions in the will of Joseph Pulitzer, who had made ...
for distinguished commentary for this reporting.


Criminal trials

Volpe was charged with several counts in federal court of violating Louima's
civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life ...
,
obstruction of justice Obstruction of justice, in United States jurisdictions, is an act that involves unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investigators, or other gov ...
, and
making false statements Making false statements () is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, ...
to police; he pleaded "not guilty". Midway through the trial, Volpe changed his plea to guilty, confessing to having sodomized Louima. Although Louima had suffered 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. Volpe was convicted of the charges. On December 13, 1999, he was sentenced to 30 years in prison, without the possibility of
parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
, as well as a $525 fine and
restitution The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which 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 he was sentenced to 15 years in prison. At the time of his conviction, numerous questions were raised about whether he could receive a fair trial in the highly charged atmosphere. Volpe identified Wiese, not Schwarz, as the second man in the bathroom, in a recorded interview on news show ''
60 Minutes ''60 Minutes'' is an American television news magazine broadcast on the CBS television network. Debuting in 1968, the program was created by Don Hewitt and Bill Leonard, who chose to set it apart from other news programs by using a unique st ...
'', a fact not brought up in the trial. The conviction was overturned by the US Court of Appeals for the Second Circuit, which found that Schwarz was denied a fair trial. However, in 2002, Schwarz pleaded guilty to a
perjury Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...
charge for testifying that he did not lead Louima to the bathroom, and he 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, and as of 2019 works in
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
as a
carpenter Carpentry is a skilled trade and a craft in which the primary work performed is the cutting, shaping and installation of building materials during the construction of buildings, ships, timber bridges, concrete formwork, etc. Carpenters t ...
. Three other
NYPD The New York City Police Department (NYPD), officially the City of New York Police Department, established on May 23, 1845, is the primary municipal law enforcement agency within the City of New York, the largest and one of the oldest in ...
officers (Bruder, Wiese, and Sergeant Michael Bellomo) were
indicted An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of ...
for trying to cover up the assault. On March 9, 2000, Wiese and Bruder, along with Schwarz, were convicted on the charge of
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agr ...
to obstruct a federal investigation into the assault on Louima, but their convictions were reversed by a federal
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
s court in February 2002 for insufficient evidence. 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 serving his 30-year sentence at a minimum security facility at the
Federal Correctional Institution, Beaumont The Federal Correctional Institution, Beaumont (FCI Beaumont) is a United States federal prison for male inmates in unincorporated Jefferson County, Texas. It is part of the Beaumont Federal Correctional Complex (FCC Beaumont) and is operated b ...
in
Texas Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...
; he is scheduled for release on April 12, 2024. He was assigned BOP Inmate #49477-053. In February 2021, Volpe's request for a COVID-related compassionate release was denied.


Aftermath

Louima was represented by attorney Sanford Rubenstein in a subsequent
civil suit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...
against the City of
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
; this was settled for $8.75 million on July 30, 2001, the largest
police brutality Police brutality is the excessive and unwarranted use of force by law enforcement against an individual or a group. It is an extreme form of police misconduct and is a civil rights violation. Police brutality includes, but is not limited to ...
settlement in
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
history. After legal fees, Louima collected approximately $5.8 million. In February 2003, Louima visited his family still living in
Haiti Haiti (; ht, Ayiti ; French: ), officially the Republic of Haiti (); ) and formerly known as Hayti, is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean Sea, east of Cuba and Jamaica, and s ...
. There, he discussed setting up the Abner Louima Foundation, a
nonprofit organization A nonprofit organization (NPO) or non-profit organisation, also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in co ...
to raise additional money to build a
community center Community centres, community centers, or community halls are public locations where members of a community tend to gather for group activities, social support, public information, and other purposes. They may sometimes be open for the whole c ...
and
hospital A hospital is a health care institution providing patient treatment with specialized health science and auxiliary healthcare staff and medical equipment. The best-known type of hospital is the general hospital, which typically has an emergen ...
in
Haiti Haiti (; ht, Ayiti ; French: ), officially the Republic of Haiti (); ) and formerly known as Hayti, is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean Sea, east of Cuba and Jamaica, and s ...
. Louima indicated he had plans to use his own money and donations to open community centers in
Haiti Haiti (; ht, Ayiti ; French: ), officially the Republic of Haiti (); ) and formerly known as Hayti, is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean Sea, east of Cuba and Jamaica, and s ...
,
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
, and
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and ...
for Haitians and others seeking legal, financial or other aid. Louima paid the school tuition for 14 poor children in Thomassin, the small community where he grew up. During his visit to
Haiti Haiti (; ht, Ayiti ; French: ), officially the Republic of Haiti (); ) and formerly known as Hayti, is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean Sea, east of Cuba and Jamaica, and s ...
, he met with the President of Haiti,
Jean-Bertrand Aristide Jean-Bertrand Aristide (born 15 July 1953) is a Haitian former Salesian priest and politician who became Haiti's first democratically elected president. A proponent of liberation theology, Aristide was appointed to a parish in Port-au-Prince ...
, a former priest whom Louima knew from his school days. In a rare interview, Louima said he is convinced that he can make a difference in his impoverished homeland: "Maybe God saved my life for a reason, I believe in doing the right thing." In 2007, Louima was residing in Miami Lakes, Florida.Greene, Leonard and Stefanie Cohen.(2007
"Louima's Haunted High Life Ten Years Later"
''The New York Post''. Retrieved July 30, 2007.
He owns homes in suburban
Miami Miami ( ), officially the City of Miami, known as "the 305", "The Magic City", and "Gateway to the Americas", is a coastal metropolis and the county seat of Miami-Dade County in South Florida, United States. With a population of 442,241 at ...
and
Port-au-Prince Port-au-Prince ( , ; ht, Pòtoprens ) is the capital and most populous city of Haiti. The city's population was estimated at 987,311 in 2015 with the metropolitan area estimated at a population of 2,618,894. The metropolitan area is define ...
, and several investment properties in
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and ...
. Louima has since participated in anti-police brutality protests with Al Sharpton, notably over the shooting of Sean Bell in November 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 The National Action Network (NAN) is a not-for-profit, civil rights organization founded by the Reverend Al Sharpton in New York City, New York, in early 1991. In a 2016 profile, '' Vanity Fair'' called Sharpton "arguably the country's most infl ...
(an organization founded by Al Sharpton), at the House of Justice, for his resolve and for helping others who have suffered from police brutality.


See also

* Joseph Gray (police officer) * Frank Lino * NYPD subway sodomy incident *
Police brutality in the United States Police brutality is the repression by personnel affiliated with law enforcement when dealing with suspects and civilians. The term is also applied to abuses by "corrections" personnel in municipal, state, and federal prison camps, including m ...


References


External links


Duke Law Journal (48 Duke L. J. 1157) Prosecuting race by Anthony V. Alfieri
* McAlary, M. (1997.

''The New York Daily News'' –
1998 Pulitzer Prize A listing of the Pulitzer Prize award winners for 1998: Journalism Letters * Biography or Autobiography ** ''Personal History'' by Katharine Graham (Alfred A. Knopf) * Fiction ** ''American Pastoral'' by Philip Roth (Houghton Mifflin) * Hi ...
winner for distinguished commentary.
Original police incident reports, interviews, and other documents
at
The Smoking Gun The 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 somewhat obscure or unreported by more mainstream media sources. Mos ...
. {{DEFAULTSORT:Louima, Abner 1966 births Living people American torture victims New York City Police Department corruption and misconduct Haitian emigrants to the United States People from Brooklyn People from Miami Lakes, Florida Activists from New York (state) Victims of police brutality in the United States Crimes in Brooklyn