Three people who said they were pepper-sprayed by police officers during an Occupy Wall Street demonstration in September filed lawsuits on Tuesday against the City of New York, the Police Department and several officers.
The plaintiffs, Kelly Hanlin, Damien Crisp and Julie Lawler, said that they were assaulted and that their constitutional rights were violated when they were sprayed with chemicals after a few hundred people participated in a raucous march from Zuccotti Park to Union Square on Sept. 24.
None of the plaintiffs were arrested.
Mr. Crisp and Ms. Lawler said they were on a sidewalk on East 12th Street, corralled by officers holding a length of orange netting, when Deputy Inspector Anthony Bologna aimed the spray in their direction from three to five feet away.
âInspector Bologna's pepper spray went directly into Mr. Crisp's right eye,â Mr. Crisp's lawsuit said. âThe pepper spray went into Mr. Crisp's lungs and burned the skin on his face, arms and hands.â
Mr. Crisp had an abnormal heartbeat and difficulty breathing, the suit said, and his eyes burned and were swollen for an hour.
The suit said that he had difficulty focusing his vision and suffered from an inflamed sty for about two weeks and missed three days of work while receiving steroid treatment at the New York Eye and Ear Infirmary.
âMs. Lawler felt a searing, burning sensation in and around her eyes and face, like a hot iron, causing her to drop to the ground,â her suit said, adding that she was blinded for several minutes, with the effects of the spray exacerbated by the fact that she was wearing contact lenses.
Several videos on YouTube that showed Inspector Bologna directing a stream of chemicals at those on the sidewalk, then walking away, went viral within hours of the event, drawing additional attention to the protest movement and gene rating strong criticism of the police response.
About a month later, Inspector Bologna was disciplined with the loss of 10 vacation days after investigators determined that he had violated rules for the use of the spray.
Department policy states that pepper spray is intended to help officers subdue someone who is resisting arrest, fleeing or behaving in a way that could harm others.
In addition to monetary damages, the lawsuits seek an order that the city establish and maintain a policy regarding the use of force during demonstrations and conforming with federal standards.
A spokesman for the city's Law Department said the lawsuits would be reviewed once they were received.
Mr. Hanlin, his lawsuit said, was not trapped behind orange netting but was nearby on East 12th Street when he saw what he thought was an excessively rough arrest. He reached for a cellphone and raised it to document what was happening, the suit said, when an officer turned w ithout warning and pepper-sprayed him in the face.
The suit said the pepper spraying was âin both direct retaliation for his participation in Occupy Wall Street and for videotaping unlawful police conduct occurring in public.â