Cab­bie’s kin win civil rights suit

New York Daily News - - NEWS -

“Our view is that all of the of­fi­cers in­volved re­sponded ap­pro­pri­ately un­der the cir­cum­stances,” said spokesman Nick Paolucci.

“While this in­ci­dent ended trag­i­cally, we be­lieve these of­fi­cers strictly ad­hered to es­tab­lished pro­to­cols for deal­ing with emo­tion­ally dis­turbed per­sons. Ul­ti­mately, they were re­quired to make a split-sec­ond de­ci­sion to use lethal force.”

Bah’s death set off fevered protests, and re­newed ques­tions over NYPD pro­ce­dures in en­coun­ters that in­volve the men­tally ill.

Fed­eral pros­e­cu­tors said in Au­gust they would not pur­sue crim­i­nal charges against the of­fi­cers re­spon­si­ble for gun­ning down Bah. “Nei­ther ac­ci­dent, mis­take, fear, neg­li­gence, nor bad judg­ment is suf­fi­cient to es­tab­lish a fed­eral crim­i­nal civil rights vi­o­la­tion,” Act­ing U.S. At­tor­ney Joon Kim in Man­hat­tan said at the time.

The fa­tal con­fronta­tion was set in mo­tion when Bah’s mother called 911 be­cause she wanted an am­bu­lance to take the man, who was suf­fer­ing a men­tal break­down, to the hospi­tal.

Cops ini­tially fired Tasers and rub­ber bul­lets at Bah, but the knife-wield­ing West African im­mi­grant kept com­ing at them, po­lice said.

“He’s stab­bing me! Shoot him!” one of­fi­cer screamed, ac­cord­ing to po­lice.

Three of­fi­cers opened fire in a 10-shot fusil­lade, strik­ing Bah at least nine times in the arm, chest, ab­domen and left side of the head.

“Why this case even went to trial is a mys­tery to me,” said Ran­dolph McLaugh­lin, who, with co­coun­sel De­bra Co­hen, rep­re­sented the Bah fam­ily.

“There was no ex­cuse for this city and this cor­po­ra­tion coun­sel’s of­fice to put this fam­ily through the pain of a trial. They should have just said, ‘Enough.’ ”

Hawa Bah (right) is em­braced by Ka­di­a­tou Diallo Tues­day out­side Man­hat­tan Fed­eral Court, where a jury awarded $2.2 mil­lion in the 2012 shoot­ing death of Bah’s men­tally ill son Mo­hamed Bah (in­set) by po­lice in his Har­lem apart­ment. Diallo’s son Amadou was fa­tally shot by po­lice in 1999.

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