Noah Giusiana attended a late-night film at a Regal Cinema in Buffalo, NY with his younger brother. While exiting the movie theater, Giusiana and his brother were “horsing around” and wrestling outside the theater. Giusiana was confronted by a Regal Cinema assistant manager and a brief altercation ensued.

Seconds later, Noah Giusiana was grabbed by off-duty Buffalo Police Officer Mark Andrzejak, who was working as a Regal Cinema security officer at the time. Officer Andrzejak then slammed Giusiana to the sidewalk. An eyewitness heard Giusiana’s head crack when it struck the sidewalk and said that he appeared unconscious as he was lying still, facedown on the ground.

The Buffalo Police department arrived at the scene and placed Giusiana under arrest. The arresting officer at the scene, Ronald J. Ammerman testified that he was never told Giusiana’s head struck the sidewalk. Officer Ammerman’s testimony also revealed that Mark Andrzejak gave false statements regarding Mr. Giusiana’s actions.

AMR attendants asked Giusiana a series of questions and then cleared him to be taken by the Buffalo Police to Central Booking. A cellblock video shows that Noah Giusiana vomited in a sink and slowly slumped to the floor of his cell in Buffalo Police Central Booking around 6:44 AM on the morning of his arrest. Shortly after 9:00 AM, Mr. Giusiana was found unresponsive, lying on the floor of this holding cell. An ambulance was then called and Giusiana was rushed to Erie County Medical Center, where he underwent emergency brain surgery.

Noah Giusiana survived after undergoing emergency brain surgery. However, he is nearly 50% blind, has trouble with his memory, and suffers from other cognitive impairments.

Outcome

After doctors said Noah Giusiana might not live, police charged Jonah Giusiana on June 8, 2017, with felony assault, “for recklessly causing injury” to his brother. Police arrested Jonah while he was visiting his brother at the hospital. An Erie County grand jury reviewed the case, but did not indict Jonah Giusiana. The violations against both brothers were also dropped.

The Buffalo Police Internal Affairs unit began an investigation into whether Andrzejak had used unnecessary force and caused Giusiana’s brain injury. Andrzejak was “exonerated” by the police department. Andrzejak remains a police officer.

Noah Giusiana sued the City of Buffalo, the Buffalo Police Department, seven police officers, Regal Cinemas, off-duty officer Mark Andrzejak, AMR, and two ambulance attendants. Mr. Giusiana’s lawsuit was because the defendants falsely arrested him, negligently caused his injuries, denied him medical care in a timely manner, committed medical malpractice, and failed to train their employees properly.

The Buffalo Common Council approved the payment to Giusiana for $1.05 Million. The remainder of the $2.9 million settlement came from other defendants.

CW: Officers beat and fatally shot Jose Hernandez-Rossy during an unlawful, racially-motivated traffic stop.

CW: Mohammad Ismail bought a dilapidated house at a city auction of tax delinquent properties with the hopes of renovating it and turning it into a home for his wife and four children who were in Brooklyn. The previous owner was a Buffalo police officer who showed up with another police officer one day and threatened to arrest Ismail if he didn't leave. The dispute has led to two internal affairs probes by the BPD and a lawsuit by Ismail against the police officers and the Buffalo Police Department.

According to Davy V., Laureano approached a young black male for looking suspicious as he moved his mother's car to the opposite side of the street

Buffalo Police officer Joseph Hassett was recorded on camera assaulting Timothy Stanton Jr. on March 18, 2017. Stanton was taken to ECMC for a head injury and a cut on his forehead that required stitches. The Erie County District Attorney's Office and the Buffalo Police Department both said they didn't learn about the incident until video of the confrontation was requested by Stanton's attorney. Hassett was charged with two counts of third-degree assault, official misconduct, offering a false instrument for filing and making a punishable false written statement in connection to an incident that happened in March 2017.

Prosecutors argued this was excessive use of force, but the Judge disagreed, dismissing all criminal charges. BPD Internal Affairs opened an investigation on May 26, 2017 and officially suspended Officer Hassett on May 30, 2017, according to Commissioner Daniel Derenda. Hassett was suspended for 30 days without pay.

According to Yancey v. Pancoe, on March 13th, 2017, Sergeant Timothy Pancoe used racist language in telling Rakim Yancey to move his car, and when Yancey asked why he used that language, Pancoe maced Yancey, beat him with a baton, and kicked him while he was on the ground. Officers Christopher Kosch and Bradley Pike then arrived at the scene and also maced, beat, and choked him, resulting in two fractured wrists and thumbs, a back injury, a chipped tooth, and multiple contusions and abrasions requiring hospital treatment.

Outcome

None

Officers Todd C. McAlister and Nicholas J. Parisi tried to handcuff Wardel “Meech” Davis outside a house on the West Side. One of the officers admitted he punched Meech during the struggle, after which the 20-year-old stopped breathing. Meech died a short time later, and even though his death was ruled a homicide, medical records say he died from pre-existing breathing problems that were exacerbated during the struggle.

The officers were not charged and remain on the force. The attorney general said there was "no evidence" to contradict the officers' accounts because there were no witnesses and no video evidence such as body camera footage or dash camera footage. He added that there was "real need of reform" not only with the police department, but also with the Erie County Medical Examiner’s office, particularly because medical officials insisted on checking with police before making their medical rulings on the death.

Officer Thomas Lisle is allegedly named in Pagan v. The City of Rochester court docket.

James Kistner was having breakfast with his sons at his Buffalo East Side home on New Year’s Day 2017 when he noticed police at his apartment across the street.

They finished breakfast before Kistner walked outside to find out what might have caused the police presence at the apartment on Schmarbeck Avenue.

Kistner walks a few feet toward a second police cruiser that begins to back up. He gets within a foot and he throws out his arms to brace for what was about to happen: the cruiser runs into him, forcibly knocking him to the ground. No one moves. None of the officers run to check on Kistner. More than 15 seconds pass before officers get out and walk toward Kistner, who is lying on the ground yelling at his son to call 911.

Earl, Kistner’s son, runs over, sees that his dad is on the ground with his legs pushed out between the two wheels of the left side of the SUV and then walks back to the sidewalk to call 911.

Not only was Kistner struck by a police SUV and injured, but officers surrounding Kistner’s son while he called 911, shoved him around and took his phone. Police cancelled the ambulance call. An officer picks up Kistner off the ground, they cuff him and detain him in the second police cruiser that returned to the scene. Police charged Kistner with felony criminal mischief and a disorderly conduct violation.

Officers transported Kistner to ECMC, where they chained him to a gurney, and left to speak with medical staff. The officers tried to get Kistner admitted in the psych ward at ECMC, claiming he attacked the police cruiser. Kistner said the nurse told him that the officers claimed he jumped onto the police cruiser. ECMC did not admit Kistner, so police brought him to central booking where he was fingerprinted, searched and photographed. He was charged with felony criminal mischief in the third degree for the damage to the mirror and disorderly conduct.

Kistner thought he would get an appearance ticket for some violation, but the officers would eventually bring him back to ECMC to try to get him admitted a second time. Kistner again denied to a doctor that he attacked a police car and said he has video to prove it. The doctor called a family friend of the Kistners, who confirmed that the video shows Kistner being struck by the police car.

Less than an hour later, ECMC nurses told Kistner he was free to leave.

Kistner’s attorney said the officers conspired to cover up the incident to avoid discipline for hitting Kistner with a police cruiser.

Outcome

Prosecutors dismissed the charges against Kistner once they saw the video evidence.

Kistner’s attorney said as far as he knows the officers were never disciplined.

Kistner said he filed a complaint with internal affairs but was ignored. So, he decided to sue the City of Buffalo, the police commissioner and police officers Lauren McDermott, Jenny Velez, Karl Schultz, Kyle Moriarty and David T. Santana. Pending Common Council approval, James and Earl Kistner will be receiving $1,100,000 as a result of the settlement from the lawsuit.

Two traffic incidents damaging squad car

Outcome

Letter of reprimand for first incident and one day suspension for the second

On October 26th, 2016 Buffalo Police Officers Joseph Hassett, John Beyer, and Brian Strobele used physical force by grabbing, jerking, pulling, tackleing and twisting Moses Torres, forcing his arms behind his back, hitting and striking him in the face and eye area, handcuffing him, and forcing him into the backseat of a police vehicle. Torres sustained severe injuries with accompanying pain, including but not limited to multiple lacerations and contusions to his hands, wrists, head and both eyes, neck, back and shoulders.

Torres was arrested by these officers without a warrant, reasonable cause or reasonable suspicion that he engaged in unlawful activity. The officers falsely, maliciously, and recklessly arrested Torres with force and charged him with Assault in the 2nd degree, Resisting Arrest, Criminal Possession of a Controlled Substance in the 7th degree, Obstructing Governmental Administration in the 2nd degree, and two counts of Disorderly Conduct.

Outcome

All charges against Moses were dismissed.

Moses filed a civil complaint against the City of Buffalo, the Buffalo Police Department, the County of Erie, the Erie County Sheriff's Department, and Officers Hassett, Beyer, and Strobele due to the emotional trauma and harm, mental injury, physical injury, economic damage, legal expenses, and deprivation of his physical liberty, and rights. The County of Erie and the Erie County Sheriff's Office filed a motion to dismiss the Complaint filed against against them due to failure to state claim. The court ruled that the Complaint against the County and the Sheriff be dismissed and the Complaint against the city defendant could proceed. A Stipulation of Discontinuance was been filed, but no information regarding a settlement is publicly listed.

There has been no information released about disciplinary action against the officers.

Sargent Cotsworth was one of 2 RPD that conducted internal investigation against Ferrigno . He showed 16 pics . Pic 1 "is he laying face up or face down"? no further questions .

According to civil lawsuit complaint, RPD Officer Peter Minurka used excessive force while arresting someone. Officer Peter Minurka allegedly punched and kicked the complainant so badly that they were hospitalized The complainant also alleges that the arrest was unjustified and all charges associated with the arrest were dropped in City Court.

According to RochesterFirst.com, Officer Bostick tackled Letorya Parker in her front yard, in front of her five year old, after she obeyed his orders to get away from an incident with police and her boyfriend. As she went inside her gate, she was rushed, tackled and pepper sprayed. The incident was recorded by an observer who was then also arrested.

Outcome

Assigned extra training

According to Reuters, Officers warned a civilian to stop yelling and get out of the street. The civilian was turning away from an officer and into a yard when that officer said, “Oh, too late.” He then ran and tackled the civilian to the ground from behind and drove his knee into their back. One officer pepper-sprayed the civilian three times and then sprayed in the direction of her daughter, who was nearby screaming. Later, another officer said to the little girl, “sorry your mom’s an animal.” The civilian suffered injuries to her back and elbow.

While off-duty, Buffalo Police officer Richard Hy harassed, head-butted, choked, and used a racial slur against a person who he felt was playing music too loudly. Hy was out partying with an off-duty West Seneca police officer when the assault happened.

Outcome

Hy appeared in West Seneca Court on a misdemeanor criminal charge of choking and a harassment violation. During his arraignment before West Seneca Town Justice Jeffrey M. Harrington, Hy pleaded not guilty to both counts.

Hy took a plea deal for Disorderly Conduct and was sentenced to 50 hours community services.

Hy was suspended while the case was pending and returned to work at this conclusion.

Castrichini was one of 17 Rochester police officers accused in a federal lawsuit of participating in or being present for an August 2016 incident where excessive force was used against a Rochester teenager.

Outcome

After an "internal investigation", the Rochester, NY Police Departnent found no wrongdoing on the part of any if its officers, and maintains that officers were responding to a 911 call for a man with a gun. According to Rochester For All website the teen received $360,00.

Kenneth Coniglio was named on a federal lawsuit as being present when a 17-year old Black youth was allegedly beaten by Rochester Police. The teenager suffered injuries including an orbital fracture on his face. The lawsuit alleges that Canniglio was involved in illegal search and seizure, use of excessive force, battery, and assault.

Outcome

Civilian Review Board found no wrongdoing. City of Rochester settled a civil lawsuit for $360,000

Court documents allege that officers, beat and assaulted victim, a minor at the time, after mistaking him for another suspect. Documents allege officers used pepper spray and tasers. 17 officers are named in the case, including Kyle Eisenhauer.

Outcome

City paid victim $360,000 in a federal lawsuit, RPD review board found no wrongdoing

DiNicola was among 17 RPD officers named in the assault of a teenager who was 17 years old at the time.

Outcome

nothing