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.

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

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.

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

On July 29, 2016, at approximately 6:30 am, Gotham was quietly eating breakfast with his owner, Mike Urban, who was making his lunch for work. All of a sudden, Officers from the Buffalo Police Department were at his door. Gotham, thinking he had new friends to play with, quietly sat, wagging his tail, waiting for a treat.

Detective Charles Militello discharged his firearm on multiple times and in an unjustified manner, shot and killed 18-month old, Gotham. Mike Urban who was standing by his dogs side was begging Officer Militello to let him put Gotham in his crate when the shot was fired.

Four officers followed Arthur Jordan into the PCS Metro store and told him he was wanted for questioning. When Jordan said he wouldn’t go with the officers, who lacked both a warrant and probable cause for an arrest, the officers closed in on him, sprayed him in the eyes with copious amounts of pepper spray, punched him in the head and eventually restrained him enough to perform a search.

MALECKI was allegedly involved in an arrest where the defendant was attacked and beaten

Outcome

none

Casaccia v. City of Rochester is a case brought by a man alleging six officers, Amy Bauer among them, brutalized him without cause. The claim against the city was dismissed by Hon. Michael Telesca.

Outcome

All charges against officers dismissed and the subsequent civil case decided in favor of the city

CW: A cellblock attendant grabbed Shaun P. Porter and slammed his face into a door, causing him to collapse and strike his face on the floor and bleed profusely. Meanwhile two Buffalo police officers did nothing as they stood by and watched. After dragging Porter down the hall and hitting him in the head again, he was placed in a restraint chair without medical treatment for about an hour and 45 minutes.

Adam Brodsky was allegedly struck by a car someone was driving. After a foot pursuit, Adam Brodsky shot the person while arresting them.

Outcome

No disciplinary action

According to lawsuit, victim was sitting on ground after an attack when RPD Officer Barber grabbed her and threw her on the sidewalk. Suit then says he then kneeled on her and handcuffed her without justification. Victim's vertebrae broken, requiring surgery.

Outcome

Case dismissed

According to Davy V., officer Michael C. Koemer assaulted a black man named Maurice peacefully participating in a ROC 4 $15.00 minimum wage protest.

Outcome

None listed.