Video of Inner Harbor confrontation got wide attention after posting on YouTube
By Justin Fenton
Baltimore Sun
BALTIMORE — A lawsuit against a Baltimore police officer who was famously recorded on a YouTube video yelling at young skateboarders at the Inner Harbor for calling him “dude” has been thrown out by a city judge.
Circuit Judge Evelyn Cannon granted a defense motion for summary judgment to dismiss the case on Sept. 14, according to electronic court records. The attorney for the family who brought the lawsuit said the case was dismissed after Cannon determined that it was filed outside the 180-day time frame to bring legal action, reversing an earlier decision by a different judge.
A civil trial had been set to begin Oct. 1. In a pretrial statement, Officer Salvatore Rivieri had alleged that 14-year-old Eric Bush “held his skateboard in a threatening manner” and “lunged forward” after Rivieri pulled him to the ground - an allegation that the plaintiff’s attorney, William P. Blackford, said was clearly refuted by the video.
“I think Eric and his mother were stunned and are extremely disappointed with the judge’s decision,” Blackford said. “Their day in court got taken away for reasons that are unclear and legally wrong.”
The video, filmed in July 2007, made national news and has been viewed 3.3 million times since it was posted on YouTube in February 2008. It shows Rivieri putting Bush in a headlock, pushing him to the ground and threatening to smack him for what the officer says is a lack of respect.
“Sit down. I’m not a dude!” Rivieri yells, pushing Bush to the ground as he is shown trying to rise.
Calls placed to Rivieri’s attorneys, James H. Fields and David F. Owens, were not returned.
Anthony Guglielmi, a Police Department spokesman, said an internal investigation against Rivieri, an 18-year veteran, based on a “discourtesy complaint” has been referred to an internal charging committee for discipline. Rivieri was pulled from the Inner Harbor patrol and has been assigned to Southeast District patrol since November 2008, Guglielmi said.
Earlier this year, police officials said Rivieri received death threats after the video surfaced and cited that among their reasons for withholding the names of officers who shoot or kill citizens.
Blackford said Bush and his mother were upset that no one from the city or Police Department had reached out to apologize and that they want Rivieri to be held accountable. Circuit Judge Marcus Z. Shar had ruled in December 2008 that the suit could proceed despite being filed 10 months after the video was filmed.
“This is on video. People can judge for themselves about what was there and what wasn’t, but liability doesn’t get much clearer,” Blackford said. “We invest a lot of power in police, and we expect them to utilize it appropriately. And when they don’t, we need to take that very seriously.”
Copyright 2009 Baltimore Sun