SUV driver whose beating by bikers was caught on video files intent to sue NYC

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**Dreadclaw69**

http://www.cnn.com/2014/01/18/justice/new-york-bikers-attack-lawsuit/index.html?hpt=ju_c2

New York (CNN) -- An SUV driver whose beating at the hands of a group of bikers was captured on video has filed a legal notice of his intent to sue the city of New York and off-duty police officers allegedly involved in the attack, the city's legal department said Saturday.

The man, Alexian Lien, alleges that the city was negligent in the hiring and training of its police officers and claims that it failed "to respond to a known danger," according to the documents.

Lien was driving on a Manhattan highway with his wife and 2-year-old daughter on September 29 when his SUV was surrounded by bikers who tried to get him to stop, video taken at the scene showed. Lien drove away, but the bikers later caught up to him in traffic, according to police. Video showed a man later identified as Lien being dragged out of the vehicle by some of the bikers, who used their helmets to attack him and kicked his head and body as he lay on the ground.

Lien suffered two black eyes and cuts on his face and side, requiring stitches, police said.

Lien was attacked by an "unruly mob of motorcycle riders," according to the documents. His alleged attackers included police officers, prosecutors said. In the claim, Lien names two officers, including Wojceich Braszczok, who was charged with first-degree gang assault and first-degree assault -- both felonies -- and third-degree criminal mischief in connection with the assault.

Calls to Braszczok's attorney were not returned.

Lien's wife, Rosalyn Ng, and his daughter also appear as claimants. They are seeking more than $75,000 each in damages.

Police said Lien was chased by the bikers after his vehicle bumped one during a bike rally. When his Range Rover was surrounded by several bikers, Lien called 911, told police he feared for his life and drove off. The SUV ran over some of the bikers and critically injured one before being overtaken.

Lien was treated and released from a hospital after the incident. He was not charged.

Eleven people were indicted on assault and other charges for the attack. Court appearances are scheduled for late February.

Calls to Lien's attorney were not returned.

**BlaxicanX**

I want to see the video.

**Noir**

The SUV driver "hit and run" a biker ran over a different biker while they tried to get him to stop for his insurance. He should get he ass beat, and charged. The biker too for kicking his ass, but the dick shouldn't get off for running someone over and fleeing a accident.

**Grey Templar**

The SUV was deliberately boxed in by this gang, the driver then fled a dangerous situation but was caught. He was completely innocent which was clear from watching the tape(taken by one of the bikers)

**Noir**

Grey Templar wrote:
The SUV was deliberately boxed in by this gang, the driver then fled a dangerous situation but was caught. He was completely innocent which was clear from watching the tape(taken by one of the bikers)

After he hit one and tried to run.

**motyak**

We had this argument the last time this topic came up...must we really rehash it? The people who thought the driver was in the right last time will still think he's in the right, and the people who thought he was in the wrong will still think he's in the wrong.

**Grey Templar**

That bike stopped in front of him to deliberately get hit.

**BlaxicanX**

Wut.

**Stuebi**

BlaxicanX wrote:
Wut.

https://www.youtube.com/watch?v=c4yTAeGxbsc

Thats the video.

Biker Gang goes nuts on a Highway (Breaking in front of the car, banging against the door, etc. etc.), Dude in the SUV panics and runs one over with his car. Bikers give chase, drag him out of the vehicle and beat him silly.

Personally I think the Biker got what he deserved, considering the stunts those idiots pulled. But its a somewhat controversal topic.

**BobtheInquisitor**

How much therapy, in terms of dollars spent, with the man, his wife, and especially his child, need in order to deal with this experience? Just wondering.

**Dreadclaw69**

Noir wrote:
The SUV driver "hit and run" a biker ran over a different biker while they tried to get him to stop for his insurance. He should get he ass beat, and charged. The biker too for kicking his ass, but the dick shouldn't get off for running someone over and fleeing a accident.

You are aware of the original circumstances, right?

http://www.cnn.com/2013/09/30/us/new-york-bikers-road-rage-video/index.html

(CNN) -- A terrifying road rage incident involving a gang of bikers on Manhattan's west side has gone viral on the web after video of the incident surfaced online.
The New York City Police Department said a man driving a Range Rover with his wife and 2-year-old daughter inside Sunday struck a motorcyclist on Manhattan's West Side Highway, breaking his leg.
"It was an accident," says Lt. Karen Anderson.

The SUV driver pulled over, and the bikers surrounded his vehicle, hitting it and spiking the tires, police said. The driver pulled away, hitting three more bikers in the process, police said.

The gang, called "Hollywood Stuntz," according to police, chased the man, and he was forced to stop because of flat tires.

The SUV driver was cornered and beaten, according to police. He was later treated at a local hospital for slashes to his face and released. His wife and child were not injured.
One biker who was struck by the SUV, 28-year-old Christopher Cruz, was arrested and faces several charges, including reckless endangerment, reckless driving and endangering the welfare of a child, police said.

A helmet camera one of the bikers was wearing captured much of the road rage incident, including the moment when one of the bikers walks up to the SUV and smashes its window with a bike helmet. The video has been posted online.

Police say this same group of bikers descended on New York City and clogged up Times Square last year in what Police Commissioner Ray Kelly said is a "major stunt event."

Authorities say they were able to prevent the group from entering Times Square this year. Police arrested 15 bikers in total Sunday, seized 55 bikes and wrote 68 summons for various violations.

They are looking at video footage to try to determine if any other charges will be filed in the road rage incident.

"The investigation is ongoing," Kelly said.

**Steve steveson**

Glad to see this worked out right and I hope he dose get his money. $75k dose not seem unreasonable for the damage to the car, medical expense, time off etc.

Noir wrote:
The SUV driver "hit and run" a biker ran over a different biker while they tried to get him to stop for his insurance. He should get he ass beat, and charged. The biker too for kicking his ass, but the dick shouldn't get off for running someone over and fleeing a accident.

The thing is, thats not the way it happened at all, and even if he was at fault (Which every single bike forum I saw it posted on agreed he wasn't) thats why cars have license plates.

The first bike that was hit on the film was brake checking him and got what happens when you brake check someone in an SUV when you are on a sports bike. Physics took over.

I can't believe that even after several bikers, including some cops, have been charged and the driver not charged with anything people are still defending the bikers.

**Minx**

Steve steveson wrote:
Glad to see this worked out right and I hope he dose get his money. $75k dose not seem unreasonable for the damage to the car, medical expense, time off etc.

Noir wrote:
The SUV driver "hit and run" a biker ran over a different biker while they tried to get him to stop for his insurance. He should get he ass beat, and charged. The biker too for kicking his ass, but the dick shouldn't get off for running someone over and fleeing a accident.

The thing is, thats not the way it happened at all, and even if he was at fault (Which every single bike forum I saw it posted on agreed he was) thats why cars have license plates.

The first bike that was hit on the film was brake checking him and got what happens when you brake check someone in an SUV when you are on a sports bike. Physics took over.

I can't believe that even after several bikers, including some cops, have been charged and the driver not charged with anything people are still defending the bikers.

The actual "hit and run" (it's not the "brake check guy") is not on the film though. Nor is "The SUV driver pulled over, and the bikers surrounded his vehicle, hitting it and spiking the tires" part of the video that i saw on that CNN page.

As for the "several bikers, including some cops, have been charged" bit, they chose the wrong way to react when they physically attacked the SUV driver. Those charges are not directly linked to whether the driver did or did not hit and run.

**hotsauceman1**

Why are they suing the City though? Im not catching that.

**djones520**

hotsauceman1 wrote:
Why are they suing the City though? Im not catching that.

Did you read the qoute? It was the second line.

alleges that the city was negligent in the hiring and training of its police officers and claims that it failed "to respond to a known danger," according to the documents.

**Frazzled**

The biker gang surrounded his vehicle and forced him to stop. He injured a biker trying to get away. then they tried to beat him to death in front of his wife and kids.

**easysauce**

Noir wrote:
Grey Templar wrote:
The SUV was deliberately boxed in by this gang, the driver then fled a dangerous situation but was caught. He was completely innocent which was clear from watching the tape(taken by one of the bikers)

After he hit one and tried to run.

watch the vid...

he never TOUCHED a biker, till AFTER a biker went right in front of him, and slammed on the brakes... it didnt even hurt the biker or bike, then he was mobbed by bikers weaving dangerously around him to make him stop, then he ran over one to flee.

**nkelsch**

hotsauceman1 wrote:
Why are they suing the City though? Im not catching that.

Multiple Police officers were part of the biker gang and participated in the dangerous biker mob, participated in vandalizing and escalating the accident, Didn't step in as a police officer when the biker was intentionally causing the accident and didn't engage police to help pacify the mob and intervene with the guy who felt he had to 'drive away' to save his family.

While the other bikers were at fault, the police officers had a duty to step in and do something.

**dogma**

nkelsch wrote:

While the other bikers were at fault, the police officers had a duty to step in and do something.

Do police officers have a duty to uphold the law when they are not actually on duty?

**Frazzled**

dogma wrote:
nkelsch wrote:

While the other bikers were at fault, the police officers had a duty to step in and do something.

Do police officers have a duty to uphold the law when they are not actually on duty?

They have a duty to not be participants in a crime yes.
The strength against the government is slightly murky but it will settle.

**nels1031**

dogma wrote:
nkelsch wrote:

While the other bikers were at fault, the police officers had a duty to step in and do something.

Do police officers have a duty to uphold the law when they are not actually on duty?

It varies, but the usual deal is that once an officer is sworn in, they are required to uphold the law when they can. Insurance and liability issues are generally the main issue for departments to encourage officers to not get involved in situations when its not life threatening. Again, It varies state to state, department to department.

I think in this situation, the officer not identifying himself, not calling in back up and riding off while a man is getting beaten after being chased down is the crux of what the man is suing the city for.

Its also worth mentioning that even on duty, a police officer can use his/her discretion when upholding the law.

**DogofWar1**

Even if the SUV driver was at fault for anything (and it doesn't sound too likely he was), the correct response is not to chase him down, drag him out of his vehicle and beat him.

Considering there were apparently off duty officers there, the correct response would probably have been to write down the plates, and hand them to their cop buddies to call in the hit and run. The fact that no one thought to do that and that they went straight to violence makes me believe the that got hit initially did something stupid like stop suddenly, as others were saying happened.

Sue the bikers and hopefully hit them hard enough that such a stupid group of human beings is forced to disband their Sons of Anarchy wannabe clique.

**LordofHats**

dogma wrote:
nkelsch wrote:

While the other bikers were at fault, the police officers had a duty to step in and do something.

Do police officers have a duty to uphold the law when they are not actually on duty?

Generally I wouldn't expect off duty cops to be anymore vigilant than any other citizen, but cops, on or off duty, especially should have realized from the start that this kind of behavior was questionable in the first place and that once it escalated to a beating became criminal. If they participated in the chase and beating they should be prosecuted. New York needs to crack down on its police force. They play too fast and lose with the law and civil rights in that city (this happens in a lot of cities but we're talking about NYC right now

).

Sons of Anarchy wannabe clique

lol

**dogma**

LordofHats wrote:

Generally I wouldn't expect off duty cops to be anymore vigilant than any other citizen, but cops, on or off duty, especially should have realized from the start that this kind of behavior was questionable in the first place and that once it escalated to a beating became criminal. If they participated in the chase and beating they should be prosecuted. New York needs to crack down on its police force. They play too fast and lose with the law and civil rights in that city (this happens in a lot of cities but we're talking about NYC right now ).

Oh, no doubt, I'm simply questioning whether or not the officers had an extant duty to intervene as officers which would subject the city to liability for the incident.

Either way, I agree with Fraz, the city will almost certainly settle; especially given that the compensation being sought is fairly trivial.

**Ma55ter_fett**

I've seen the video and an firmly on the drivers side.

**SlaveToDorkness**

If only he'd had a gun. With a very large magazine.

**Frazzled**

dogma wrote:
LordofHats wrote:

Generally I wouldn't expect off duty cops to be anymore vigilant than any other citizen, but cops, on or off duty, especially should have realized from the start that this kind of behavior was questionable in the first place and that once it escalated to a beating became criminal. If they participated in the chase and beating they should be prosecuted. New York needs to crack down on its police force. They play too fast and lose with the law and civil rights in that city (this happens in a lot of cities but we're talking about NYC right now ).

Oh, no doubt, I'm simply questioning whether or not the officers had an extant duty to intervene as officers which would subject the city to liability for the incident.

Either way, I agree with Fraz, the city will almost certainly settle; especially given that the compensation being sought is fairly trivial.

You have two issues Dogma in this instance:
1. Duty to intervene? Case law says no, however that case law is oriented more towards response times vs. when police are actually on scene and could have stopped the event without effort.

2. Duty if the officers actually participate? Historically officers that participate in a crime while on duty expose the government to liability. We (or at least me) don't know if they were on duty or not, and what case law is in this jurisidction about being on duty. But once an actual officer participates in a crime its no bueno.

They'll settle this one for many reasons, PR not being the least.

**Ma55ter_fett**

75K each is pretty reasonable in the circumstances I think. Besides the medical bills, time off work and therapy, they’ll be able to send the daughter to a nice college.

**hotsauceman1**

Seeing the video before, Driver was unequivcally in the right. Those bikers where looking for a fight, and they brought a bike to a SUV fight

**daedalus**

hotsauceman1 wrote:
Seeing the video before, Driver was unequivcally in the right. Those bikers where looking for a fight, and they brought a bike to a SUV fight

Remembering the last article we had posted on this, I agree entirely.