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Eric Garner:

Personal Justice or Distributive Justice?



by Alton H. Maddox, Jr.


The illegal, chokehold death of Eric Garner on July 17, 2014 by “rogue members” of the New York Police Department is actually a class action because it is an action directed at a particular class but ambulance chasers have chosen to depict it as a personal injury action. A hubcap case is also a personal injury action.

In a class action, a settlement requires that justice is extended to the class before compensation is granted to the victim. Among other things, there must be a deterrent component in the settlement to give the class an opportunity to protect itself against future occurrences. A perpetrator must feel the wrath of the class. The “Central Park 7” should have been a class action.

Ramsey Orta videotaped the chokehold death of Eric Garner. As should have been predicted, the New York Police Department falsely arrested and immediately indicted Orta. This is of no moment for an “ambulance chaser” who, by definition, elevates “hush money” over justice. An ambulance chaser makes no waves. It is all about “hush money.”

A human rights attorney would not leave Orta unprotected in People v. Ramsey Orta, Ind. No. 162 (Sup. Ct., Richmond Co. 2014). The first priority would be to send the “rogue cops” to prison. This is the ultimate punishment. With criminal records, “rogue cops” would be unable to act under color of law again. If Ramsey Orta is wrongfully convicted, a successful, criminal prosecution of the “rogue cops” would be unlikely.

In violation of Orta’s Sixth Amendment right, New York has chosen to assign a former assistant district attorney in Richmond County to represent him. This is a conflict of interest but it will happen if Blacks continue to believe that the chokehold death of Eric Garner is a personal injury action and not a class action.

When the “Central Park 7” was indicted in 1989, only four Black lawyers answered the bell even though every Black lawyer should have filed a notice of appearance in Manhattan Supreme Court. The four lawyers were disciplined for not behaving as “slaves.” Three were disbarred.

All Black lawyers and Black selected officials should make it their business to be at the Richmond County Supreme Court, 18 Richmond Terrace in Staten Island, Part 6 at 9:30 a.m. Give them a ring early and often on Thursday. It is their job. As oath-takers, justice should be their number one priority.

I received a regrettable call Wednesday evening. A true warrior in the legal profession had made his transition. He was in a special class and you knew he had your back. He was also an associate of Louis Clayton Jones and Chokwe Lumumba, revered ancestors.

With them, you were picking in high cotton. I am thankful that Sis. Karen Mason made it possible for me to be in Chicago on Thursday. I will see everyone on Saturday morning at Brooklyn Christian Center, 1061 Atlantic Avenue in Brooklyn. Take the “C” train to Franklin Avenue.

Call a Black attorney in addition to Eric Garner’s attorney and give notice of Orta’s court appearance and Black Solidarity Weekend. The prosecution is a class action directed at all Blacks and Latinos. Orta is the victim. All Blacks and Latinos are the targets. It is Orta today. It may be you tomorrow. Who will have your back?


For more than two decades, several thousand persons have received my invaluable, writings on politics, law and military science, free of any cost, even though the fixed costs to publish them including research, writing, editing and publishing have exceeded over Twenty-five Hundred Dollars monthly. There is also now a need to upgrade equipment, legal literature and software and to resume the practice of law as the private attorney general without “judicial bullying.” “Freedom is not free.” No one should ride the back of another person. This is an accounting principle.

Make contributions for a free and educational press only to:

Friends of Alton Maddox

P.O. Box 35

Bronx, NY 10471

Too honest for the White Press and too black for much of today’s Black Press; bullet columnist Alton Maddox upsets the same people and status quo as he did as an uncompromising Defense Attorney. He is also a founding member of the Freedom Party. Please support the movement to Reinstate him. Contact him at c/o UAM P.O. BOX 35 BRONX, NY 10471.

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