Judge: Day laborers' rights violated
Rules civil trial for damages can proceed against men who attacked Mexicans in 2000
BY ALFONSO A. CASTILLO
STAFF WRITER
February 12, 2005
A federal court judge has ruled in favor of two Mexican day laborers who say their civil rights were violated when they were brutally beaten by two white men in Shirley in 2000.
In the decision, handed down Thursday in Central Islip, U.S. District Judge Sandra Feuerstein ruled that a civil trial on the facts of the case is unwarranted because of the criminal convictions in 2002 of Christopher Slavin and Ryan Wagner in the attack. A civil trial on the amount of damages the Farmingville laborers may be entitled to is expected to begin later this month.
Feuerstein ruled that the defendants cannot dispute "that they conspired to, and did in fact, assault and batter plaintiffs with dangerous instruments, and that they had the requisite intent to commit the crimes charged."
Slavin, 33, of Hicksville, and Wagner, 24, of Maspeth, are serving 25-year prison sentences for the attack, in which the two men, posing as contractors, lured Israel Perez, 24, and Magdaleno Estrada, 33, to an abandoned Shirley warehouse where they beat both with a post hole digger and stabbed Perez with a knife.
In the suit, filed in 2001, the laborers claimed their attackers deprived them of their right to the same security enjoyed by white people, conspired to create a climate of fear within the Latino communities, and deprived them of their rights to free speech, free assembly and free association under the First and 14th amendments.
Slavin's Huntington attorney, Robert Del Col, could not be reached for comment. Wagner's attorney, Thomas Liotti, of Garden City, did not return a call for comment.
Although the civil suit asks for $66 million, Fred Brewington, a Hempstead attorney representing the laborers, acknowledged Slavin and Wagner probably have "very little" assets to go after.
"This case is not about money. It's about something much more tangible than dollars and cents," Brewington said at a Mineola news conference Friday. "People have a right to come to this country and not be subjected to abuse or beatings based on their language, the color of their skin or their national origin."
Estrada has returned to Mexico and is not expected to testify at the trial. Perez, who now lives in California, plans to return to Long Island to testify. Brewington said he spoke to Perez following the judge's decision and said "he was very happy that there was some sense of justice through the system."
Feurstein's decision also formally dismissed a class action claim filed by the laborers on behalf of "all other Mexican/Chicano Day Laborers and/or Latino Day Laborers similarly situated."
In addition to Slavin and Wagner, that claim was filed against several groups alleged to have helped create an environment of intolerance toward immigrants, including the Long Island-based Sachem Quality of Life. In 2002, a judge dismissed the groups from the suit.
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