Incident

Date Apr 07, 2019
Time 02:40 AM
Department Buffalo Police Department
Officers John M. Davidson , Patrick S. Garry
Address Leslie St
Buffalo, NY

Incident Description

Around 2:40 a.m. on April 7, 2019, four Buffalo residents returned from Tim Horton’s and parked in one the resident's driveway. As they prepared to exit the vehicle, Buffalo Police Officers John Davidson and Patrick Garry approached in a patrol car. Without explanation the officers aggressively ordered them back into the car, issuing threats of lethal violence. Officer Garry said, “Get the fuck back into the vehicle,” and “Don’t move or I’ll end all of you right now, and put all of your brains over the dashboard.”

Two of the Buffalo residents explained to the officers that they had pre-existing leg injuries, but the officers proceeded to assault and repeatedly slam the vehicle doors on their legs, despite their protests. Officer Garry also punched one of the residents. The residents were then unlawfully detained, searched, and harassed, with no legal justification.

Officers placed the residents in a patrol car, searched the vehicle without cause, and emptied an unopened bottle of Hennessy. They also threatened nearby residents who attempted to record the encounter. Further misconduct included throwing one of the residents to the ground, stealing $300, and taking a cell phone.

When the residents asked the officers’ names to file a complaint, the officers refused, provided false information about their precinct, and continued their unlawful actions.

Outcome

A civil suit was brought against the City of Buffalo and both Buffalo Police officers. A settlement was reached for two of the plaintiffs for $5,001 each in 2021. Settlement was reached for $15,000 and $20,000 for the other two plaintiffs in 2024. The total amount that city was required to pay out to plaintiffs as a result of police brutality in this case was $45,002. There was no known disciplinary action taken against the officers.

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