Rochester man sues police, claims excessive force

Listen to this article

A Rochester man who pleaded guilty to assault related to a confrontation with Rochester Police officers has filed a lawsuit accusing the officers of using excessive force.

Plaintiff Anthony Hall is represented by New York City attorney Elliot Dolby Shields, who filed the lawsuit in state Supreme Court on Tuesday against the officers and the city of Rochester.

On Jan. 2, Hall “was assaulted and battered, and subjected to excessive force” by Rochester Police officers, according to the complaint.

In April, Mirt filed a lawsuit against Hall over injuries he suffered in the incident.

Hall claims officers “pushed, punched and kneed him in the head and body while he was lying on the ground and restrained by numerous officers.”

According to the complaint, Hall was approached at about 12:30 a.m., Jan. 2, by a group of officers outside a residence on East Main Street.

“During the conversation, Hall was not free to leave; the officers encircled him, standing in front of, beside, and behind him. In response, Hall walked slowly to a position where he was not surrounded,” according to the suit.

Eventually, Officer Luis Rivera-Serrano “approached Hall, got within inches of his face and pointed his finger in Mr. Hall’s face,” according to the suit.

“When Mr. Hall asked him to stop, Rivera-Serrano escalated the situation by getting even closer to Mr. Hall,” the suit claims.

“Defendant Officers Mirt, Luis Rivera-Serrano, Jesus Garcia-Sierra, and Chelsea Davis, without justification, initiated physical force against Hall,” according to the complaint.

“While Hall was on the ground, Officer Davis took hold of both of Hall’s arms as additional force was applied. Hall was held face down in a prone position by multiple officers and struck repeatedly as he tried to shield himself,” according to the lawsuit.

“While Mr. Hall was lying on the ground in a fetal position … six officers surrounded him and applied various forms of force against him — repeatedly striking him in the head and body.” The suit claims.

Mirt also sprayed Hall in the eyes with pepper spray at close range, without cause or justification, the suit claims.

Hall was taken to Strong Memorial Hospital to be treated for various physical injuries, including injuries to his head and body, lacerations, contusions, headaches, irritation and burning to the eyes and face, and psychological and emotional distress, according to the suit.

Mirt’s lawsuit accuses Hall of assault and battery. Mirt is represented by attorney Jacob R. Ark.

According to Mirt’s complaint, Hall refused to leave the location and became “hostile and violent.”

“As a direct result of the defendant’s intentional, reckless, and/or negligent conduct, the defendant came into bodily contact with the plaintiff, and other members of the Rochester Police Department, causing the plaintiff to fall to the ground, and otherwise sustain physical injury,” according to the complaint.

Mirt suffered a broken right thumb and a broken bone in that hand.

Mirt “missed a substantial amount of work, was forfeited from working overtime he was otherwise qualified to work, and has incurred past and continuing medical expenses,” according to the suit.

Hall was charged with second-degree assault. He pleaded guilty and was sentenced to two years in prison.

He  is the former director of the city’s Pathways to Peace program. He has been a candidate for Rochester City Council and the Rochester City School District Board of Education.

Previously he pleaded guilty to a grand larceny charge for stealing more than $1,000 from the Coalition of North East Associations, a neighborhood association.

[email protected] / (585) 232-2035