Case: Hall v. Warren

6:21-cv-06296 | U.S. District Court for the Western District of New York

Filed Date: April 5, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the systemic problematic treatment of protestors and Black and brown communities by the Rochester Police Department (RPD). On April 5, 2021, a Black resident of the City of Rochester and community organizer who was subjected to excessive force during the protests in September 2020, filed this putative class-action lawsuit in the U.S. District Court for the Western District of New York. The plaintiff class consists of Black and White residents of the City of Rochester and th…

This is a case about the systemic problematic treatment of protestors and Black and brown communities by the Rochester Police Department (RPD). On April 5, 2021, a Black resident of the City of Rochester and community organizer who was subjected to excessive force during the protests in September 2020, filed this putative class-action lawsuit in the U.S. District Court for the Western District of New York. The plaintiff class consists of Black and White residents of the City of Rochester and the Town of Irondequoit subject to excessive force by RPD in September 2019 and 2020. The plaintiffs sued the City of Rochester under 42 U.S.C. § 1983, § 1985, and § 1986. Represented by private counsel, the plaintiffs sought permanent injunctive relief, compensatory and punitive damages, and attorneys' fees. The plaintiffs claimed that the RPD used disproportionate force–both frequency and severity–against people of color and that the City of Rochester and RPD were deliberately indifferent to the widespread and decades-long racially disparate use of force by RPD officers against people of color. The plaintiffs further alleged that the defendants retaliated against them for engaging in speech and/or conduct protected by the First Amendment during the September protests in the wake of George Floyd and Daniel Prude. This case was assigned to Judge Frank P. Geraci, Jr.

On June 14, 2021, the defendants moved for dismissal for failure to state a claim. This was promptly withdrawn when the plaintiffs filed an amended complaint on August 31.

As of September 15, 2021, the case is pending the defendants’ answers to the amended complaint.

Summary Authors

Calvin Kim (10/15/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59793348/parties/hall-v-warren/


Judge(s)

Geraci, Frank Paul Jr. (New York)

Attorneys(s) for Plaintiff

Bishop, Ivory L Jr (New York)

Brustin, Nick J. (New York)

Jacobs, Edward John (New York)

Martino, Jeffrey D (New York)

McCarthy, Mary Katherine (New York)

Moskovitz, Joshua Samuel (New York)

Roth, David A (New York)

Shields, Elliot Dolby (New York)

Thompson, Donald M (New York)

Judge(s)

Geraci, Frank Paul Jr. (New York)

Attorneys(s) for Plaintiff

Bishop, Ivory L Jr (New York)

Brustin, Nick J. (New York)

Jacobs, Edward John (New York)

Martino, Jeffrey D (New York)

McCarthy, Mary Katherine (New York)

Moskovitz, Joshua Samuel (New York)

Roth, David A (New York)

Shields, Elliot Dolby (New York)

Thompson, Donald M (New York)

Attorneys(s) for Defendant

Ash, Spencer L (New York)

Banas, Mitchell J. Jr. (New York)

Beath, Patrick (New York)

Brennan, Alissa M (New York)

Johnson, Curtis Alan (New York)

Lafferty, Riane F (New York)

Rodi, Maria Elizabeth (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 15, 2021 Docket
1

Class Action Complaint

April 5, 2021 Complaint
47

First Amended Class Action Complaint

Aug. 31, 2021 Complaint

Resources

Title Description External URL

Hall v. Warren

Moskovitz Law

After decades of unchecked violence by the Rochester Police Department against people of color and people protesting the Department’s racist policing practices, ten individuals, Free the People Roc, … April 5, 2021 https://www.moskovitzlaw.com/notable-cases-1

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59793348/hall-v-warren/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants $ 402 receipt number 0209-4207180, filed by Free the People ROC, Winona Miller, Stanley Martin, Anthony Hall, Emily Good, Nicholas Robertson, Lore McSpadden-Walker, National Lawyers Guild Rochester, Dynasty Buggs, Devorah Chatman, Emily McIntyre, Reynaldo Deguzman. (Attachments: # 1 Civil Cover Sheet)(McCarthy, Mary) (Entered: 04/05/2021)

1 Civil Cover Sheet

View on PACER

April 5, 2021 Clearinghouse
2

NOTICE of Appearance by Joshua S. Moskovitz on behalf of Dynasty Buggs, Devorah Chatman, Reynaldo Deguzman, Free the People ROC, Emily Good, Anthony Hall, Stanley Martin, Emily McIntyre, Lore McSpadden-Walker, Winona Miller, National Lawyers Guild Rochester, Nicholas Robertson (Moskovitz, Joshua) (Entered: 04/05/2021)

April 5, 2021 PACER
3

NOTICE of Appearance by Elliot Dolby Shields on behalf of All Plaintiffs (Shields, Elliot) (Entered: 04/05/2021)

April 5, 2021 PACER
4

CONTINUATION OF EXHIBITS to 1 Complaint, Summonses - request to be issued. (Shields, Elliot) (Entered: 04/05/2021)

April 5, 2021 PACER

Case assigned to Hon. Frank P. Geraci, Jr., Notification to Chambers of on-line civil case opening. (SG)

April 6, 2021 PACER

AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG)

April 6, 2021 PACER

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (SG)

April 6, 2021 PACER
5

Summons Issued as to William Baker, Todd Baxter, Adam Bello, Domenic Borrelli, John Clinkhammer, County of Monroe, Raymond W. Dearcop, Stephen A. Dellasala, Matthew Drake, Alexander Elmore, Henry C. Favor, Cynthia Herriott-Sullivan, Samuel Lucyshyn, Ralph Montinarelli, Ethan Paszko, Randy Potuck, La'Ron Singletary, The City of Rochester, Dakota Vanbrederode, Lovely Ann Warren. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(SG) (Entered: 04/06/2021)

April 6, 2021 PACER

ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM)

April 12, 2021 PACER
6

First MOTION to appear pro hac vice of Jeffrey D. Martino ( Filing fee $ 200 receipt number 0209-4215113.) by Anthony Hall. (Attachments: # 1 Exhibit Pro Hac Vice forms)(Shields, Elliot) (Entered: 04/12/2021)

April 12, 2021 PACER
7

Corporate Disclosure Statement by Free the People ROC. (Shields, Elliot) (Entered: 04/12/2021)

April 12, 2021 PACER
8

Corporate Disclosure Statement by National Lawyers Guild Rochester, Inc.. (Shields, Elliot) (Entered: 04/13/2021)

April 13, 2021 PACER

E-Filing Notification regarding 6 First MOTION to appear pro hac vice. Filer is directed to refile both pages of the Attorney Database & Electronic Case Filing Registration form using the (continuation of exhibits) event. (KM)

April 13, 2021 PACER
9

MOTION to appear pro hac vice of Ivory L. Bishop, Jr. ( Filing fee $ 200 receipt number 0209-4218822.) by Anthony Hall. (Attachments: # 1 Affidavit in support of motion, # 2 Affidavit sponsoring admission, # 3 Declaration attorney's oath, # 4 Declaration civility principals oath, # 5 Exhibit attorney database and ECF registration form)(Thompson, Donald) (Entered: 04/15/2021)

April 15, 2021 PACER
10

CONTINUATION OF EXHIBITS by Anthony Hall. to 6 First MOTION to appear pro hac vice of Jeffrey D. Martino ( Filing fee $ 200 receipt number 0209-4215113.) filed by Anthony Hall. (Shields, Elliot) (Entered: 04/15/2021)

April 15, 2021 PACER
11

ORDER granting 6 Motion for Pro Hac Vice as to Jeffrey D. Martino. Signed by Hon. Frank P. Geraci, Jr. on 4/19/21. (JHF) (Entered: 04/20/2021)

April 20, 2021 PACER
12

ORDER granting 9 Motion for Pro Hac Vice as to Ivory L. Bishop, Jr. Signed by Hon. Frank P. Geraci, Jr. on 4/19/21. (JHF) (Entered: 04/20/2021)

April 20, 2021 PACER
13

AFFIDAVIT of Service for Summons and Complaint served on all RPD defendants on 4/12/2021, filed by Anthony Hall. (Shields, Elliot) (Entered: 04/21/2021)

April 21, 2021 PACER
14

AFFIDAVIT of Service for Summons and Complaint served on La'Ron Singletary on 4/14/2021, filed by Anthony Hall. (Attachments: # 1 Affidavit add'l aos)(Shields, Elliot) (Entered: 04/21/2021)

April 21, 2021 PACER
15

AFFIDAVIT of Service for Summons and Complaint served on City, County, Lovely Warren, Adam Bello, Todd Baxter on April 8, 2021, filed by Anthony Hall. (Shields, Elliot) (Entered: 04/21/2021)

April 21, 2021 PACER
16

AFFIDAVIT of Service for Summons and Complaint served on Stephen A. Dellasala on April 14, 2021, filed by Anthony Hall. (Shields, Elliot) (Entered: 04/22/2021)

April 22, 2021 PACER
17

AFFIDAVIT of Service for Summons and Complaint Corrected Affidavit of Service served on Stephen A. Dellasala on April 14, 2021, filed by Anthony Hall. (Shields, Elliot) (Entered: 04/23/2021)

April 23, 2021 PACER
18

MOTION for Extension of Time to File Answer Letter Motion on Consent for Extension of Time to Respond to the Complaint by Answer or by Rule 12 Motion by William Baker, Domenic Borrelli, John Clinkhammer, Raymond W. Dearcop, Matthew Drake, Alexander Elmore, Henry C. Favor, Cynthia Herriott-Sullivan, Samuel Lucyshyn, Ralph Montinarelli, Ethan Paszko, Randy Potuck, La'Ron Singletary, The City of Rochester, Dakota Vanbrederode, Lovely Ann Warren.(Beath, Patrick) (Entered: 05/03/2021)

May 3, 2021 PACER
19

ORDER granting 18 City Defendants' Motion for Extension of Time to Answer. City Defendants' answers now due 6/7/2021. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/4/21. (BJJ) (Entered: 05/04/2021)

May 4, 2021 PACER
20

NOTICE of Appearance by Maria Elizabeth Rodi on behalf of Todd Baxter, Adam Bello, County of Monroe, Richard Roe (Rodi, Maria) (Entered: 05/12/2021)

May 12, 2021 PACER
21

Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Todd Baxter, Adam Bello, County of Monroe, Richard Roe.(Rodi, Maria) (Entered: 05/12/2021)

May 12, 2021 PACER
22

ORDER granting 21 Motion for Extension of Time to Answer. Todd Baxter answer due 6/7/2021; Adam Bello answer due 6/7/2021; County of Monroe answer due 6/7/2021; Richard Roe answer due 6/7/2021. Signed by Hon. Frank P. Geraci, Jr. on 5/13/21. (BJJ) (Entered: 05/13/2021)

May 13, 2021 PACER
23

NOTICE of Appearance by Alissa M. Fortuna-Valentine on behalf of Todd Baxter, Adam Bello, County of Monroe, Richard Roe (Fortuna-Valentine, Alissa) (Entered: 05/14/2021)

May 14, 2021 PACER
24

MOTION for Leave to File Excess Pages on Consent of Plaintiffs by Todd Baxter, Adam Bello, County of Monroe, Richard Roe.(Rodi, Maria) (Entered: 05/24/2021)

May 24, 2021 PACER
25

ORDER granting 24 Motion for Leave to File Excess Pages. Signed by Hon. Frank P. Geraci, Jr. on 5/25/21. (JHF) (Entered: 05/26/2021)

May 26, 2021 PACER
26

MOTION for Leave to File Excess Pages by William Baker, Domenic Borrelli, John Clinkhammer, Raymond W. Dearcop, Matthew Drake, Alexander Elmore, Henry C. Favor, Cynthia Herriott-Sullivan, Samuel Lucyshyn, Ralph Montinarelli, Ethan Paszko, Randy Potuck, La'Ron Singletary, The City of Rochester, Dakota Vanbrederode, Lovely Ann Warren.(Beath, Patrick) (Entered: 05/27/2021)

May 27, 2021 PACER
27

TEXT ORDER granting 26 Motion for Leave to File Excess Pages. Defendant may file a brief of up to 35 pages. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/28/21. (BJJ) (Entered: 05/28/2021)

May 28, 2021 PACER
28

NOTICE of Appearance by Spencer L. Ash on behalf of John Clinkhammer, Raymond W. Dearcop, Matthew Drake, Henry C. Favor, Cynthia Herriott-Sullivan, Samuel Lucyshyn, Randy Potuck, La'Ron Singletary, The City of Rochester, Lovely Ann Warren (Ash, Spencer) (Entered: 06/03/2021)

June 3, 2021 PACER
29

Letter filed by Ethan Paszko, John Clinkhammer, Samuel Lucyshyn, La'Ron Singletary, Lovely Ann Warren, Dakota Vanbrederode, The City of Rochester, Cynthia Herriott-Sullivan, Henry C. Favor, Matthew Drake, Randy Potuck as to Alexander Elmore, Sally Sue, Ethan Paszko, Domenic Borrelli, Ralph Montinarelli, Richard Roe, John Clinkhammer, Samuel Lucyshyn, County of Monroe, La'Ron Singletary, Lovely Ann Warren, Raymond W. Dearcop, Todd Baxter, Dakota Vanbrederode, The City of Rochester, Adam Bello, Cynthia Herriott-Sullivan, Henry C. Favor, William Baker,. John Doe, Matthew Drake, Randy Potuck, Stephen A. Dellasala Extend Answer Deadline. (Ash, Spencer) (Entered: 06/03/2021)

June 3, 2021 PACER

E-Filing Notification regarding 29 LETTER: this document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event. (SG)

June 4, 2021 PACER
30

First MOTION for Extension of Time to File Answer by John Clinkhammer, Raymond W. Dearcop, Matthew Drake, Alexander Elmore, Henry C. Favor, Cynthia Herriott-Sullivan, Samuel Lucyshyn, Ralph Montinarelli, Ethan Paszko, Randy Potuck, The City of Rochester, Dakota Vanbrederode, Lovely Ann Warren. (Attachments: # 1 Affidavit)(Ash, Spencer) (Entered: 06/04/2021)

June 4, 2021 PACER
31

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and other relief by Todd Baxter, Adam Bello, County of Monroe, Richard Roe. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Memorandum in Support)(Rodi, Maria) (Entered: 06/07/2021)

June 7, 2021 PACER
32

TEXT ORDER ORDER granting 30 Motion for Extension of Time to Answer. City Defendants' answer now due 6/14/2021. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/4/21. (BJJ) (Entered: 06/08/2021)

June 8, 2021 PACER
33

TEXT ORDER: The County Defendants have filed a motion to dismiss, ECF No. 31 . Responses to the motion are due on or before 6/29/2021. Replies, if any, are due on or before 7/12/2021. The Court will review the submissions and decide if oral argument is necessary and, if so, notify the parties of the date and time. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/8/21. (BJJ) (Entered: 06/08/2021)

June 8, 2021 PACER
34

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND TO STRIKE PURSUANT TO RULE 12(f) by William Baker, Domenic Borrelli, John Clinkhammer, Raymond W. Dearcop, Matthew Drake, Alexander Elmore, Henry C. Favor, Cynthia Herriott-Sullivan, Samuel Lucyshyn, Ralph Montinarelli, Ethan Paszko, Randy Potuck, La'Ron Singletary, The City of Rochester, Dakota Vanbrederode, Lovely Ann Warren. (Attachments: # 1 Declaration Declaration of Patrick Beath in Support of City Defendants' Rule 12 Motion, # 2 Exhibit A (Complaint), # 3 Exhibit B (Dr. Charles LoFaso Dissertation), # 4 Memorandum in Support)(Beath, Patrick) (Entered: 06/14/2021)

June 14, 2021 PACER
35

TEXT ORDER: The City Defendants have filed a motion to dismiss, ECF No. 34 . Responses to the motion are due on or before 7/9/2021. Replies, if any, are due on or before 7/16/2021. The Court will review the submissions and decide if oral argument is necessary and, if so, notify the parties of the date and time. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/15/21. (BJJ) (Entered: 06/15/2021)

June 15, 2021 PACER
36

NOTICE of Appearance by Mitchell J. Banas, Jr on behalf of Stephen A. Dellasala (Banas, Mitchell) (Entered: 06/15/2021)

June 15, 2021 PACER
37

NOTICE of Appearance by Riane F. Lafferty on behalf of Stephen A. Dellasala (Lafferty, Riane) (Entered: 06/15/2021)

June 15, 2021 PACER
38

NOTICE of Appearance by Curtis Alan Johnson on behalf of Stephen A. Dellasala (Johnson, Curtis) (Entered: 06/16/2021)

June 16, 2021 PACER
39

STIPULATION re 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND TO STRIKE PURSUANT TO RULE 12(f), 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and other relief, 35 Text Order, 33 Text Order, Briefing schedule - request to be so ordered by Anthony Hall. (Shields, Elliot) (Entered: 06/21/2021)

June 21, 2021 RECAP
40

Letter filed by Stephen A. Dellasala as to Alexander Elmore, Sally Sue, Ethan Paszko, Domenic Borrelli, Ralph Montinarelli, Richard Roe, John Clinkhammer, Samuel Lucyshyn, County of Monroe, La'Ron Singletary, Lovely Ann Warren, Raymond W. Dearcop, Todd Baxter, Dakota Vanbrederode, The City of Rochester, Adam Bello, Cynthia Herriott-Sullivan, Henry C. Favor, William Baker,. John Doe, Matthew Drake, Randy Potuck, Stephen A. Dellasala TO EXTEND ANSWER OR MOTION DEADLINE. (Banas, Mitchell) (Entered: 06/22/2021)

June 22, 2021 PACER
41

TEXT ORDER: The Court approves the stipulations and requests for extension of time in ECF Nos. 39, 40 . Defendant Dellasala shall file his response to the Complaint on or before 7/9/2021. Any opposition to the pending motions to dismiss shall be filed on or before 8/17/2021. Any replies shall be filed on or before 9/7/2021. Any Amended Complaint shall be filed on or before 8/17/2021, and Defendants shall answer on or before 9/28/2021. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/21/21. (BJJ) (Entered: 06/23/2021)

June 23, 2021 PACER
42

MOTION to Dismiss by Stephen A. Dellasala. Responses due by 8/17/2021. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Declaration of Mitchell Banas)(Banas, Mitchell) (Entered: 07/09/2021)

July 9, 2021 PACER
43

Letter filed by Anthony Hall as to Alexander Elmore, Sally Sue, Ethan Paszko, Domenic Borrelli, Ralph Montinarelli, Richard Roe, John Clinkhammer, Samuel Lucyshyn, County of Monroe, La'Ron Singletary, Lovely Ann Warren, Raymond W. Dearcop, Todd Baxter, Dakota Vanbrederode, The City of Rochester, Adam Bello, Cynthia Herriott-Sullivan, Henry C. Favor, William Baker,. John Doe, Matthew Drake, Randy Potuck, Stephen A. Dellasala Request on consent for extension of time to file the Amended Complaint. (Shields, Elliot) (Entered: 08/13/2021)

Aug. 13, 2021 PACER

E-Filing Notification regarding 43 LETTER: this document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event. (SG)

Aug. 16, 2021 PACER
44

First MOTION for Extension of Time to Amend 1 Complaint, on consent of all parties by Anthony Hall.(Shields, Elliot) (Entered: 08/16/2021)

Aug. 16, 2021 PACER
45

TEXT ORDER: Plaintiffs' motion, on consent of all parties, for an extension of time to amend the complaint is granted. Amended Complaint now due on or before 8/31/2021. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 8/16/21. (BJJ) (Entered: 08/16/2021)

Aug. 16, 2021 PACER
46

NOTICE of Appearance by Edward John Jacobs on behalf of Dynasty Buggs, Devorah Chatman, Reynaldo Deguzman, Free the People ROC, Emily Good, Anthony Hall, Stanley Martin, Emily McIntyre, Lore McSpadden-Walker, Winona Miller, National Lawyers Guild Rochester, Inc., Nicholas Robertson (Jacobs, Edward) (Entered: 08/31/2021)

Aug. 31, 2021 PACER
47

AMENDED COMPLAINT First Amended Complaint against All Defendants, filed by Anthony Hall.(Shields, Elliot) (Entered: 08/31/2021)

Aug. 31, 2021 Clearinghouse
48

CONTINUATION OF EXHIBITS to 47 Amended Complaint Summons Request for Stephen Boily. (Shields, Elliot) (Entered: 09/02/2021)

Sept. 2, 2021 PACER
49

TEXT ORDER: Defendants' filed motions to dismiss the original complaint. ECF Nos. 31, 34, 42 . The parties then entered into a stipulation extending Plaintiffs' time to file an amended complaint so that they "could attempt to resolve any disputes regarding the sufficiency of the pleading prior to it being filed with the Court." ECF No. 44 . On 8/31/2021, Plaintiffs filed an amended complaint. Accordingly, on or before 9/8/2021, the parties shall file a join status report indicating whether Defendants are withdrawing their motions to dismiss in light of the amended complaint. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/3/2021. (BJJ) (Entered: 09/03/2021)

Sept. 3, 2021 PACER
50

Summons Issued as to Stephen Boily. (SG) (Entered: 09/03/2021)

Sept. 3, 2021 RECAP
51

STATUS REPORT re 12(b)(6) motions per ECF 49 by Anthony Hall. (Shields, Elliot) (Entered: 09/08/2021)

Sept. 8, 2021 PACER
52

Second MOTION for Extension of Time to File Answer re 50 Summons Issued, 47 Amended Complaint, 48 Continuation of Exhibits by Stephen Boily, Domenic Borrelli. (Attachments: # 1 Declaration)(Ash, Spencer) (Entered: 09/14/2021)

Sept. 14, 2021 PACER
53

Consent MOTION for Extension of Time to File Answer Second Request by Todd Baxter, County of Monroe, Richard Roe.(Rodi, Maria) (Entered: 09/14/2021)

Sept. 14, 2021 PACER
54

Consent MOTION for Extension of Time to File Answer re 47 Amended Complaint First Request by Stephen A. Dellasala.(Banas, Mitchell) (Entered: 09/15/2021)

Sept. 15, 2021 PACER
55

TEXT ORDER granting motions for extension of time to file answers to the amended complaint. ECF Nos. 52, 53, 54 . Answers due 10/30/2021. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/15/21. (BJJ) Modified on 9/15/2021 to correct answer deadline - answers due 10/30/2021. (BJJ). (Entered: 09/15/2021)

Sept. 15, 2021 PACER
56

Consent MOTION for Extension of Time to File Answer by Todd Baxter, County of Monroe, Richard Roe.(Rodi, Maria) (Entered: 10/13/2021)

Oct. 13, 2021 PACER
57

TEXT ORDER granting 56 Motion for Extension of Time to Answer. County Defendants' answer now due 11/11/2021. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/15/2021. (BJJ) (Entered: 10/15/2021)

Oct. 15, 2021 PACER
58

Second MOTION for Extension of Time to File Answer re 47 Amended Complaint by Stephen A. Dellasala.(Banas, Mitchell) (Entered: 10/19/2021)

Oct. 19, 2021 PACER
59

First MOTION for Leave to File Excess Pages by Stephen Boily, John Clinkhammer, Stephen A. Dellasala, Matthew Drake, Alexander Elmore, Henry C. Favor, Cynthia Herriott-Sullivan, Samuel Lucyshyn, Ralph Montinarelli, Randy Potuck, La'Ron Singletary, The City of Rochester, Lovely Ann Warren. (Attachments: # 1 Declaration)(Ash, Spencer) (Entered: 10/19/2021)

Oct. 19, 2021 PACER
60

TEXT ORDER: The City's motion for leave to file excess pages is DENIED. In its motion, the City did not indicate how many excess pages it seeks. Accordingly, the City may re-file its motion so long as it indicates the number of excess pages it seeks. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/20/2021. (BJJ) (Entered: 10/20/2021)

Oct. 20, 2021 PACER
61

MOTION for Leave to File Excess Pages by John Clinkhammer, Matthew Drake, Alexander Elmore, Henry C. Favor, Cynthia Herriott-Sullivan, Samuel Lucyshyn, Ralph Montinarelli, Ethan Paszko, Randy Potuck, La'Ron Singletary, The City of Rochester, Lovely Ann Warren. (Attachments: # 1 Declaration)(Ash, Spencer) (Entered: 10/20/2021)

Oct. 20, 2021 PACER
62

First MOTION for Leave to File Excess Pages Corrected by John Clinkhammer, Raymond W. Dearcop, Matthew Drake, Alexander Elmore, Henry C. Favor, Cynthia Herriott-Sullivan, Samuel Lucyshyn, Ralph Montinarelli, Ethan Paszko, Randy Potuck, Sally Sue, La'Ron Singletary, The City of Rochester, Dakota Vanbrederode, Lovely Ann Warren. (Attachments: # 1 Declaration)(Ash, Spencer) (Entered: 10/20/2021)

Oct. 20, 2021 PACER
63

MOTION for Leave to File Excess Pages Corrected Declaration by John Clinkhammer, Matthew Drake, Alexander Elmore, Henry C. Favor, Cynthia Herriott-Sullivan, Samuel Lucyshyn, Ralph Montinarelli, Ethan Paszko, Randy Potuck, Richard Roe, The City of Rochester, Dakota Vanbrederode, Lovely Ann Warren.(Ash, Spencer) (Entered: 10/20/2021)

Oct. 20, 2021 PACER
64

TEXT ORDER: Defendant Dellasala's motion for an extension of time, ECF NO. 58, is GRANTED. Dellasala shall respond to the Amended Complaint no later than 11/11/2021. City Defendants' motion for leave to file excess pages, ECF No. 63, is GRANTED. City Defendants may file ten additional pages. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/21/21. (BJJ) (Entered: 10/21/2021)

Oct. 21, 2021 PACER
65

Letter filed by Alexander Elmore, Ethan Paszko, Ralph Montinarelli, Samuel Lucyshyn, Raymond W. Dearcop, Dakota Vanbrederode, Cynthia Herriott-Sullivan, William Baker, Matthew Drake, Domenic Borrelli, John Clinkhammer, Lovely Ann Warren, La'Ron Singletary, Henry C. Favor, Randy Potuck as to Alexander Elmore, Sally Sue, Ethan Paszko, Ralph Montinarelli, Samuel Lucyshyn, County of Monroe, Raymond W. Dearcop, Dakota Vanbrederode, The City of Rochester, Adam Bello, Stephen Boily, Cynthia Herriott-Sullivan, William Baker, Matthew Drake, Stephen A. Dellasala, Domenic Borrelli, Richard Roe, John Clinkhammer, Lovely Ann Warren, La'Ron Singletary, Todd Baxter, Henry C. Favor,. John Doe, Randy Potuck Extension Request by Consent of Parties. (Ash, Spencer) (Entered: 10/22/2021)

Oct. 22, 2021 PACER
66

TEXT ORDER granting ECF No. 65 . City Defendants shall respond to the Amended Complaint no later than 11/11/2021. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/25/21. (BJJ) (Entered: 10/25/2021)

Oct. 25, 2021 PACER
67

MOTION for Leave to File Excess Pages by Todd Baxter, County of Monroe, Richard Roe.(Rodi, Maria) (Entered: 11/05/2021)

Nov. 5, 2021 RECAP
68

ORDER granting 67 Motion for Leave to File Excess Pages. County Defendants may file a memorandum of law not to exceed 30 pages. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 11/8/21. (BJJ) (Entered: 11/08/2021)

Nov. 8, 2021 PACER
69

Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Stephen Boily, Domenic Borrelli, John Clinkhammer, Raymond W. Dearcop, Stephen A. Dellasala, Matthew Drake, Alexander Elmore, Henry C. Favor, Cynthia Herriott-Sullivan, Samuel Lucyshyn, Ralph Montinarelli, Ethan Paszko, Randy Potuck, La'Ron Singletary, The City of Rochester, Dakota Vanbrederode, Lovely Ann Warren. (Attachments: # 1 Memorandum in Support)(Ash, Spencer) (Entered: 11/10/2021)

Nov. 10, 2021 PACER
70

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Stephen A. Dellasala. (Attachments: # 1 Declaration of Mitchell J. Banas, Jr., Esq. # 2 Exhibit A - 8-31-21 First Amended Class Action Complaint, #47, # 3 Memorandum in Support Defendant New York State Trooper Stephen A. Dellasala's Memorandum of Law in Support of Motion to Dismiss Class Action Claims and Sever) (Banas, Mitchell) (Entered: 11/11/2021)

Nov. 11, 2021 PACER
71

Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Todd Baxter, County of Monroe, Richard Roe, Monroe County Sheriff's Office. (Attachments: # 1 Declaration, # 2 Exhibit Amended Complaint, # 3 Memorandum in Support)(Rodi, Maria) (Entered: 11/11/2021)

Nov. 11, 2021 PACER
72

TEXT SCHEDULING ORDER: Defendants have filed motions to dismiss the Amended Complaint. ECF Nos. 69, 70, 71 . Responses due no later than 12/3/2021. Replies due no later than 12/10/2021. The Court will review the submissions and determine if oral argument is necessary and, if so, the Court will notify the parties of the date and time of such argument. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 11/12/21. (BJJ) (Entered: 11/12/2021)

Nov. 12, 2021 PACER
73

NOTICE of Appearance by Kathleen H. McGraw on behalf of Stephen A. Dellasala (McGraw, Kathleen) (Entered: 11/15/2021)

Nov. 15, 2021 PACER
74

First MOTION for Extension of Time to File Response/Reply consensual briefing schedule request by Anthony Hall.(Shields, Elliot) (Entered: 11/29/2021)

Nov. 29, 2021 PACER
75

TEXT ORDER granting 74 Motion for Extension of Time to File Response/Reply. Responses due by 1/28/2022. Replies due by 2/28/2022. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 11/29/21. (BJJ) (Entered: 11/30/2021)

Nov. 30, 2021 PACER
76

LETTER MOTION for Pretrial Conference by Dynasty Buggs, Devorah Chatman, Reynaldo Deguzman, Free the People ROC, Emily Good, Anthony Hall, Stanley Martin, Emily McIntyre, Lore McSpadden-Walker, Winona Miller, National Lawyers Guild Rochester, Inc., Nicholas Robertson. (Moskovitz, Joshua) Modified on 12/1/2021 (JHF). (Entered: 12/01/2021)

Dec. 1, 2021 PACER

E-Filing Notification: Clerk revised docket text of 76 to "Letter Motion for Pretrial Conference" to clarify the filing event. (JHF)

Dec. 1, 2021 PACER
77

Letter filed by Alexander Elmore, Sally Sue, Ethan Paszko, Ralph Montinarelli, Samuel Lucyshyn, Raymond W. Dearcop, Dakota Vanbrederode, The City of Rochester, Stephen Boily, Cynthia Herriott-Sullivan, William Baker, Matthew Drake, Domenic Borrelli, John Clinkhammer, Lovely Ann Warren, La'Ron Singletary, Henry C. Favor, Randy Potuck as to Alexander Elmore, Sally Sue, Ethan Paszko, Ralph Montinarelli, Samuel Lucyshyn, Monroe County Sheriff's Office, County of Monroe, Raymond W. Dearcop, Dakota Vanbrederode, The City of Rochester, Adam Bello, Stephen Boily, Cynthia Herriott-Sullivan, William Baker, Matthew Drake, Stephen A. Dellasala, Domenic Borrelli, Richard Roe, John Clinkhammer, Lovely Ann Warren, La'Ron Singletary, Todd Baxter, Henry C. Favor, John Doe, Randy Potuck . (Ash, Spencer) (Entered: 12/02/2021)

Dec. 2, 2021 RECAP
78

RESPONSE in Opposition re 76 MOTION for discovery conference filed by Todd Baxter, County of Monroe, Monroe County Sheriff's Office, Richard Roe. (Rodi, Maria) (Entered: 12/02/2021)

Dec. 2, 2021 PACER
79

RESPONSE in Opposition re 76 MOTION for Discovery Conference filed by Stephen A. Dellasala. (Banas, Mitchell) (Entered: 12/02/2021)

Dec. 2, 2021 PACER
80

TEXT ORDER: Plaintiffs' letter motion for a Rule 16 discovery conference is DENIED. ECF No. 76 . There are three motions to dismiss pending. ECF Nos. 69, 70, 71 . Given the number of claims and defendants, the Court finds it prudent, as is its typical practice, to refrain from permitting discovery until after the motions have been decided and issue is joined. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 12/2/21. (BJJ) (Entered: 12/02/2021)

Dec. 2, 2021 PACER
81

First MOTION for Leave to File Excess Pages on consent of all parties by Anthony Hall.(Shields, Elliot) (Entered: 01/24/2022)

Jan. 24, 2022 PACER
82

TEXT ORDER: Plaintiffs' motion to file a consolidated brief of no more than 60 pages is GRANTED. ECF No. 81 . Responses remain due by 1/28/2022. Replies due by 2/28/2022. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 1/25/22. (BJJ) (Entered: 01/25/2022)

Jan. 25, 2022 PACER
83

MEMORANDUM in Opposition re 71 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 69 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 70 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Anthony Hall. (Shields, Elliot) (Entered: 01/28/2022)

Jan. 28, 2022 PACER
84

First MOTION for Leave to File Corrected Brief, on consent of all parties by Anthony Hall. (Attachments: # 1 Exhibit Corrected Brief)(Shields, Elliot) (Entered: 01/31/2022)

Jan. 31, 2022 PACER
85

TEXT ORDER granting 84 Motion for Leave to File Corrected Brief. Plaintiffs shall file their corrected brief as a separate docket entry. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/1/2022. (MFM) (Entered: 02/01/2022)

Feb. 1, 2022 PACER
86

RESPONSE in Opposition re 71 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 69 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 70 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Corrected Brief filed by Anthony Hall. (Shields, Elliot) (Entered: 02/01/2022)

Feb. 1, 2022 PACER
87

NOTICE of Appearance by Adam M. Clark on behalf of Todd Baxter, County of Monroe, Monroe County Sheriff's Office, Richard Roe (Clark, Adam) (Entered: 02/07/2022)

Feb. 7, 2022 PACER
88

Consent MOTION for Extension of Time to File Response/Reply as to 71 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, Consent MOTION for Leave to File Excess Pages by Todd Baxter, County of Monroe, Richard Roe.(Brennan, Alissa) (Entered: 02/21/2022)

Feb. 21, 2022 PACER
89

TEXT ORDER granting 88 Motion for Extension of Time to File Response/Reply; granting 88 Motion for Leave to File Excess Pages. County Defendants shall reply by 3/7/2022. County Defendants may file a brief of no more than 25-pages. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/22/22. (BJJ) (Entered: 02/22/2022)

Feb. 22, 2022 PACER
90

REPLY/RESPONSE to re 70 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant New York State Trooper Stephen A. Dellasala's Reply Memorandum of Law in Further Support of His Motion to Dismiss and-or Sever filed by Stephen A. Dellasala. (Banas, Mitchell) (Entered: 02/25/2022)

Feb. 25, 2022 PACER
91

REPLY/RESPONSE to re 71 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Reply Declaration in Further Support of Motion to Dismiss filed by Todd Baxter, County of Monroe, Monroe County Sheriff's Office, Richard Roe. (Attachments: # 1 Exhibit A to Reply Declaration, # 2 Reply Memorandum of Law in Further Support of Motion to Dismiss)(Brennan, Alissa) (Entered: 03/07/2022)

March 7, 2022 PACER
92

Letter filed by Anthony Hall as to Alexander Elmore, Sally Sue, Ethan Paszko, Ralph Montinarelli, Samuel Lucyshyn, Monroe County Sheriff's Office, County of Monroe, Raymond W. Dearcop, Dakota Vanbrederode, The City of Rochester, Adam Bello, Stephen Boily, Cynthia Herriott-Sullivan, William Baker, Matthew Drake, Stephen A. Dellasala, Domenic Borrelli, Richard Roe, John Clinkhammer, Lovely Ann Warren, La'Ron Singletary, Todd Baxter, Henry C. Favor, John Doe, Randy Potuck Request for oral argument on defendants motions, which are now fully briefed. (Shields, Elliot) (Entered: 03/08/2022)

March 8, 2022 PACER

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Key Dates

Filing Date: April 5, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Black and white residents of the City of Rochester and the Town of Irondequoit subjected to excessive force by the Rochester Police Department in September 2019 and 2020.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of Rochester (Rochester, Monroe), State

Rochester Police Department (Rochester, Monroe), State

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1985

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Disparate Treatment

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Pepper/OC spray

Racial profiling

Discrimination-basis:

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic