Seven Zombies Awarded $165,000

August 23, 2010 -

"Brains! Brains!" That is what seven plaintiffs must have screamed as police arrested them for dressing up as zombies in a sassy protest against mindless consumerism in Minneapolis, Minnesota. The Star Tribune reports that the Minneapolis city attorney's office has decided to pay seven zombies and their attorney $165,000. The settlement, which was approved by the Minneapolis City Council on Friday, is the end result of a federal lawsuit the seven filed after they were arrested and jailed for two days simply for dressing up like zombies and shambling along the streets of downtown Minneapolis on July 22, 2006, to protest "mindless" consumerism.

The seven - three women and four men (all residents at the time) - were arrested at the intersection of Hennepin Avenue and 6th Street N., wearing thick white powder and fake blood on their faces and dark makeup around their eyes to accentuate the fact that they were the living dead. Besides shambling about "in a stiff, lurching fashion," the seven plaintiffs carried four bags of sound equipment to amplify music from an iPod. They were subsequently arrested by police, who claimed that they were carrying equipment that simulated "weapons of mass destruction." When police asked them to turn the music down and for some form of identification (and found that they didn't have any on them) the seven were told they would be detained.

Jake Sternberg, one of the plaintiffs, testified that police Sgt. E.T. Nelson told them at the police station that he didn't "care about their constitutional rights" and used several obscenities. In an interview well after that Sternberg recalled the incident and said that "Those words are seared into my mind; I'll never forget them." He also recalled the experience in jail as "horrible" because he is missing a leg - the result of a 2001 motorcycle accident. He claims that the police confiscated his prosthetic leg during his stay, making it very uncomfortable to get around while in custody. They did give him a wheelchair to use instead.

 

While U.S. District Judge Joan Ericksen had dismissed the zombies' lawsuit, the plantiffs shambled on, resurrecting the lawsuit in February this year thanks to an appeal heard by a three-judge panel at the Eighth U.S. Circuit Court of Appeals. The judges hearing the case concluded that "police lacked probable cause" to arrest the seven, which set the stage for a federal trial this fall. The settlement means that there will be no trial later this year and the city of Minneapolis and its police can put the nasty mess behind them.

Minneapolis City Attorney Susan L. Segal said it was in the best interests of the city to settle the matter and move on: "We believe the police acted reasonably, but you never know what a jury is going to do with a case," she told the Star Tribune.

Jordan Kushner, the Minneapolis attorney representing the seven plaintiffs, said that the city offered to pay each of the seven $10,000 apiece, plus whatever the court ordered in attorney's fees.

"Under that scenario, I believe the total payout would have been higher, but a lot more of the money would have gone to me," adding that the $165,000 settlement works out better for his clients.

Source: Star Tribune


Comments

Re: Seven Zombies Awarded $165,000

can you please turn down thoes simulated weapons of mass distruction down.  ??? how does that work.

BCD303 "Speedy thing goes in. Speedy thing comes out."

BCD303 "Speedy thing goes in. Speedy thing comes out."

Re: Seven Zombies Awarded $165,000

"We believe the police acted reasonably,"

Oh shut the hell up. This attitude is unacceptable and ignorant- you might as well call ME a terrorist because my skin tone and facial hair "simulates" the stereotypical image of a terrorist. This is the kind of mentality that turns Lite-Brites into nuclear devices.

Re: Seven Zombies Awarded $165,000

"...who claimed that they were carrying equipment that simulated..."

http://i139.photobucket.com/albums/q315/nightwng2000/stickGun.jpg

Yes, "simulated" weapons can be SO devistating.  :/

"...testified that police Sgt. E.T. Nelson told them at the police station that he didn't "care about their constitutional rights" ..."

""We believe the police acted reasonably, but you never know what a jury is going to do with a case,""

What a "jury" is going to say?  More like Nelson should be worried what an investigation into their violations of Human Rights might turn up.  Frankly, I'm looking at someone who needs employment termination, arrest, trial, and conviction for not only Human Rights violations but for openly admitting betrayal of the US Constitution, a document they were SWORN to uphold.

Nightwng2000

NW2K Software

http://www.facebook.com/nightwing2000

Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Re: Seven Zombies Awarded $165,000

I thought pretty much the same thing, he seems to be indirectly saying 'They'll have our balls on a platter if we try to prosecute, so we're just going to pretend we are in the right, but have decided to be magnanimous'

Re: Seven Zombies Awarded $165,000

'...claimed that they were carrying equipment that simulated "weapons of mass destruction."'

Sure, when you want to so something you know is wrong, just claim the other people might be terrorists! We need a new name for this new Godwin rule. 

Heaven help them if it has been a lightbrite set, those things shut down Boston. Since when has have we decided that the best way of beating terrorism was to become more and more afraid?

Re: Seven Zombies Awarded $165,000

Heh, glad I'm not the only one worried about that, it's almost back to the days of 'Reds under the Bed', where anything could be justified in the name of 'defeating communism'.

 
Forgot your password?
Username :
Password :

Poll

Will the FCC preempt state laws that limit municipal broadband services?:

Shout box

You're not permitted to post shouts.
Zenemulator...it's not just a slap job that makes "some" work..they do it for each which is why they work so well. I would rather have the quality over just a slap job.07/30/2014 - 5:48pm
ZenMatthew there is a difference between "worked" and "accurate". You play the Nintendo VC titles they play as damn close to the original as possible. The PSP would just run them as best they could, issues and all. And Masked...EACH VC title has their own07/30/2014 - 5:48pm
MaskedPixelanteOnce again, the 3DS already HAS a GBA emulator, it just can't run at the same time as the 3DS OS.07/30/2014 - 4:54pm
Matthew Wilsonyou cant street pass in ds mode ether, and if moders can make a gba emulator that runs very well on the psp as I understand it. you are telling me that Nintendo devs are not as good as moders?07/30/2014 - 4:49pm
Zenperformance. Halo 1 and 2 worked great because they actually did custom work on each of them...just like Nintendo does now lol07/30/2014 - 4:08pm
Zenexisting hardware while the GBA has to be emulated completely. Same reason the 360 couldn't run most Original Xbox games correctly, or had issues because they just did "blanket approach" for their emulation which led to game killing bugs or horrible07/30/2014 - 4:07pm
ZenSora/Matthew: It's not just Miiverse, but the whole idea of streetpass and things like that would be affected if the OS is not running. And just because a 3DS game can be downloaded and run does not mean that GBA can as easily. Those 3DS games use the07/30/2014 - 4:06pm
E. Zachary KnightSleaker, How is that different from every other credit card company targeting high school and college students?07/30/2014 - 1:40pm
Sleaker@EZK - I think some people are concerned beacuse it's a predatory technique targetted toward younger people that don't understand on top of offering the worst interest rates of any retailer around.07/30/2014 - 11:33am
MaskedPixelantehttp://www.joystiq.com/2014/07/30/europe-gets-long-detained-shin-megami-tensei-4-at-cut-price/ "Sorry you had to wait a year for SMT4, would a price cut make it sting less?"07/30/2014 - 10:29am
NeenekoI would hope not. Though it is not unheard of for store specific cards to be pretty good.07/30/2014 - 8:17am
E. Zachary KnightDoes anyone, or at least any intelligent person, expect a retail branded credit card to be anything close to resembling a "good deal" on interest rates?07/30/2014 - 7:13am
SleakerGamestop articles popping up everywhere about their ludicrous new Credit card offerings at a whopping pre-approval for 26.9% APR07/29/2014 - 10:19pm
Matthew Wilsonhttp://arstechnica.com/tech-policy/2014/07/podcasting-patent-troll-we-tried-to-drop-lawsuit-against-adam-carolla/ the podcasting patent troll scum is trying to turn tail and run.07/29/2014 - 9:50pm
MaskedPixelanteOf course it's improved. At launch, Origin was scanning your entire hard drive, but now it's just scanning your browsing history. If that's not an improvement, I dunno what is!07/29/2014 - 8:59pm
Papa Midnighthttp://www.escapistmagazine.com/articles/view/video-games/columns/experienced-points/12029-Has-EAs-Origin-Service-Improved-Any-Over-the-Last-Two-Years07/29/2014 - 8:25pm
Sora-ChanSo it's just a matter of having better emulation software. If it can be done with a 3DS game, with all the memory and what not it takes up, it can be done with a GBA title through emulation.07/29/2014 - 7:30pm
Sora-ChanOther VC titles for the NES and Gameboy had the same setup where you couldn't access the homescreen without quitting out of the game til a later update when those games were released for the public outside of the founder program.07/29/2014 - 7:28pm
Sora-Chanthe 3DS can, and does, run GBA games, as seen by the founder gifts, which included a number of GBA titles. As for running GBA games and still having access to the home screen, I beleive it's more of the game emulation software needs to be updated.07/29/2014 - 7:27pm
Matthew Wilsonthe 3ds already swaps os's with the original ds. plus I dont think people expect miverse interaction when playing a gba game.07/29/2014 - 6:06pm
 

Be Heard - Contact Your Politician