Federal jury awards $375K in Rochester civil rights case

A federal court jury, on Friday, awarded $375,000 to the plaintiff in a civil rights lawsuit against the city of Rochester and a Rochester Police officer.

The jury found in favor of plaintiff Devin Johnson on every claim.

The city of Rochester also must pay substantial attorney’s fees and costs incurred over the course of five years of litigation.

Johnson is represented by New York City attorney Elliot Shields. The city and Rochester Police Officer Jonathan Laureano are represented by Christopher Noone, of the city’s Law Department.

The jury found in Johnson’s favor on all claims: False arrest under New York State law against Rochester Police Officer Jonathan Laureano and the city of Rochester; malicious prosecution under New York State law against Laureano and the city of Rochester and under federal law 42 U.S.C. Section 1983; and due process claims for fabrication of evidence under 42 U.S.C. Section 1983 against Laureano and under the New York State Constitution against the city of Rochester.

On Aug. 24, 2019, when Johnson was 25 years old, he borrowed a vehicle from the mother of his daughter to drive to work the next morning.

After picking up the vehicle, he drove to a gas station at the intersection of Clifford and Portland avenues to get gas and a drink before picking up a friend to return home.

After he picked up the car, Rochester Police officers started surveilling Johnson. He was targeted based on claims that they thought he was “acting suspiciously” because he had made a stop at a friend’s house and then at a gas station which they claimed was a “hot spot” for drug dealing, according to court records.

The officers watched Johnson through the Police Department’s Blue Light Camera surveillance system — a camera mounted on a light pole at the intersection near the gas station.

Johnson left the gas station and turned onto Clifford Avenue, then turned right onto Miller Street. Laureano followed him. A second Blue Light camera at the corner of Clifford Avenue and Miller Street captured the interaction.

Laureano quickly approached Johnson’s vehicle from behind at high speed and immediately activated his emergency lights. The video showed that, before Laureano activated his lights, Johnson had only slightly moved his vehicle to the side to allow Laureano to pass.

After Laureano activated his emergency lights, Johnson pulled all the way to the curb and stopped.

Johnson was arrested and charged with failing to activate his turn signal. But in the arrest paperwork, his supporting deposition, and in sworn testimony at a subsequent suppression hearing, Laureano falsely claimed that Johnson had pulled all the way to the curb without using his turn signal before Laureano turned on his emergency lights.

After Johnson’s arrest, the vehicle was towed and a loaded firearm was found in a concealed compartment beneath the front passenger seat.

Johnson had borrowed the vehicle and was unaware that the gun was in the car. He was indicted on two counts of criminal possession of a weapon. Johnson’s DNA and fingerprints were not found on the gun.

Johnson spent about 14 ½ months in jail while the criminal case was pending. Ultimately, state Supreme Court Justice Charles Schiano reviewed the Blue Light Camera video and granted Johnson’s motion to suppress the firearm as the fruit of an illegal stop.

Schiano found that Laureano’s testimony that Johnson had pulled to the curb without signaling before the emergency lights were activated was contradicted by the video. Schiano concluded that Laureano’s testimony was not credible and that the stop was unlawful.

All criminal charges against Johnson were dismissed.

The federal jury in the civil rights lawsuit reached the same conclusion as Schiano. The panel found that Laureano lied in his charging paperwork and in his sworn hearing testimony when he claimed that Johnson had pulled to the curb before Laureano activated his emergency lights.

The jury also found that Laureano lacked probable cause to stop and arrest Johnson for a violation for allegedly failing to activate his turn signal before changing lanes, and that Laureano lacked probable cause to initiate and continue the criminal prosecution of Johnson.

The city is liable for the judgment because Laureano was acting within the scope of his employment at the time of the unlawful stop and arrest.

The city also will be responsible for the plaintiff’s substantial attorney’s fees and litigation costs incurred over the five-year course of this case.

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