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.
Links
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Morris v. City of Buffalo (1:20-cv-00394)
A complaint filed against the City of Buffalo, Buffalo Police Officer John Davidson, and Buffalo Police Officer Patrick Garry pursuant to 42 U.S.C. § 1983 and 42 U.S.C § 1988 as applicable to the fourth and fourteenth amendments of the United States Constitution for the claims of excessive force, unlawful detainment, illegal search, the unlawful deprivation of property, in addition to including pendant state claims. - Western District of New York | CourtListener
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Settlement of first two plaintiffs
Western District of New York | CourtListener
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Voluntary dismissal as the matter has settled
Western District of New York | CourtListener
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First two plaintiffs settlement amounts
City of Buffalo
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Second two plaintiffs settlement amounts
City of Buffalo