Incident

Incident Description

On August 15, 2019, at approximately 11:00 PM, a Buffalo resident was operating his vehicle at a busy intersection with parked cars on both sides. He momentarily stopped at the corner to allow a passenger to exit the vehicle. Buffalo Police Officers Lawrence Briggs and Ryan Sanders, on patrol at the same intersection, activated their cruiser’s lights in response to what they deemed a traffic obstruction.

When the man did not immediately move his vehicle, both officers exited their vehicle and approached him. Officer Briggs approached the passenger’s side window (which was closed) and stated, “There’s a blunt in there? Get him out [of] the car.” The man acknowledged the presence of a blunt in the vehicle and became visibly upset when Officer Briggs opened his door. Despite expressing agitation and cursing, he complied with the command to exit the vehicle.

Officer Sanders led the man to the side of the vehicle, where he placed his hands on top of the car. Officer Briggs gave repeated commands for him to spread his legs and bring his feet back. The man stated he was complying and repeatedly informed the officers that he was disabled.

As Officer Briggs attempted to arrest the man, he commanded him to place his hands behind his back. The man, still stating that he was disabled and keeping his hands visible atop the vehicle, was unable comply. Officer Briggs then threw the man to the ground, during which the man screamed in pain, citing a pre-existing neck injury.

On the ground, Officer Briggs initially pinned the man on his back, then rolled him onto his stomach. The man continued to express severe pain and stated multiple times, “I’m not trying to resist.” Officers then called for medical assistance.

Outcome

The man was transported to a hospital where he was diagnosed with a cervical fracture and ligament damage. He had documented pre-existing spinal and shoulder conditions.

The man was initially charged with disorderly conduct, resisting arrest, obstruction of governmental administration (2nd degree), criminal possession of marijuana (5th degree), and criminal possession of a weapon (4th degree – knife found in vehicle). All charges were ultimately dismissed following suppression of the blunt evidence.

In his arrest paperwork, Officer Briggs wrote that the man said, “I’ll beat your ass.” He later retracted this after rewatching the BWC footage, which showed no such statement. Officer Briggs claimed the blunt was burning; however, BWC footage and Sanders’ testimony did not support this.

The incident violated a directive issued by Mayor Byron Brown in early 2019, which directed the Buffalo Police Department to cease enforcement of low-level marijuana possession offenses.

Use of force under these circumstances was found to be unreasonable and excessive under Graham v. Connor, 490 U.S. 386 (1989), particularly given the low-level nature of the alleged offense and the Complainant’s physical condition and non-threatening behavior.

Internal Affairs Division exonerated both officers.

A civil lawsuit was filed against the City of Buffalo, the Buffalo Police Department, Police Officer Lawrence Briggs, and Police Officer Ryan Sanders. The lawsuit was settled for $210,000.