The family of Eric Garner was sticking with beleaguered lawyer Sanford Rubenstein Tuesday as the accused rapist’s firm filed a $75 million notice of claim against the city over the Staten Island man’s death form a police chokehold.
Rubenstein’s surprise fiiling came as doubts rose that Garner’s family would continue to retain him amid stunning allegations that the high-profile lawyer and Rev. Al Sharpton confidant took a woman home from Sharpton’s 60th- birthday bash last week and raped her. Rubenstein has been an ardent critic of the NYPD – and has gotten rich off of many other abuse claims against the department.
His clients have included 1997 police-brutality victim Abner Louima and the family of Sean Bell, an unarmed man who was gunned down by cops hours before his wedding in 2006.
Louima received an $8.7 million payout from the city, while Bell’s family got $7 million.
Days earlier, Sharpton distanced himself from Rubenstein, a longtime pal and ally.
“I don’t care how close we are,” Sharpton said Sunday after the accusations surfaced. “If he’s wrong, he’s wrong.”
Yesterday, Sharpton insisted that his longtime pal’s participation in the notice of claim — a precursor to a lawsuit being filed against the city — was only a legal formality.
“The filing of the Notice of Claim, by the Garner family was planned to protect their right to a lawsuit before the time to file expired.” Sharpton said in a statement. “It in no way reflects their decision or the decision of National Action Network or other supporters determination of the legal counsel that will represent the family going forward, in light of the issues around Sanford Rubenstein.”
Sharpton said the family will announce a decision Saturday about legal representation.
“We must protect the family’s rights,” Sharpton said.
“No one should read anything else into it.”
Rubenstein’s accuser is a business executive and top official with Sharpton’s National Action Network activist group.
Garner, who was allegedly selling cigarettes illegally, died after a clash with cops, who said he was resisting arrest when they tried to take him in on July 17.
The city’s chief medical examiner ruled the death a homicide.
Cellphone video showed an officer subduing Garner with what appeared to be a chokehold, which has been banned by the department.
The notice makes clear that the family intends to target the department’s training tactics as well as its hiring and supervision policies.
The notice said Garner’s death was “a direct result of negligence, recklessness and carelessness,” and a violation of his civil rights.
The notice also criticized the “broken windows” policing policy of targeting minor offenses, saying the department’s approach “may have a direct relationship” with Garner’s death. Police Commissioner Bill Bratton is an ardent proponent of “broken windows” policing.
Among those waiting for a resolution of the rape allegations is Rubenstein’s partner, Scott Rynecki.
“Any statements regarding counsel will be made by the [Garner] family,” Rynecki told the Post. “The family wants to see justice done.”
Ed Mullins, president of the Sergeants Benevolent Association, said he sympathizes with Garner’s family, but “they never once acknowledged that he resisted arrest or that he was released a week earlier by the cops, or said he should have complied with the police and not resisted.’’
“They’re not going to come out and say they’re sorry he resisted arrest because a $75 million lawsuit is on the table,” he added.
Mullins was stunned Rubenstein is the lawyer on the complaint: “Are you kidding me? A self-proclaimed civil-rights attorney accused of raping a black woman. You can’t make this up.”