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Case Name Hall v. Warren PN-NY-0060
Docket / Court 6:21-cv-06296 ( W.D.N.Y. )
State/Territory New York
Case Type(s) Policing
Special Collection Police Violence Protests (Spring/Summer 2020)
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 20 ... read more >
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 This was promptly withdrawn when the plaintiffs filed an amended complaint on August 31.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.

Calvin Kim - 10/15/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Freedom of speech/association
Unreasonable search and seizure
Defendant-type
Jurisdiction-wide
Law-enforcement
Discrimination-basis
Race discrimination
General
Disparate Treatment
Excessive force
Failure to discipline
Failure to supervise
Failure to train
Pepper/OC spray
Racial profiling
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1983
42 U.S.C. § 1985
Defendant(s) City of Rochester
Rochester Police Department
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.
Class action status sought Yes
Class action status outcome Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filed 04/05/2021
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Hall v. Warren
Moskovitz Law
Date: Apr. 5, 2021
By: Moskovitz Law
[ Detail ] [ External Link ]

Court Docket(s)
W.D.N.Y.
09/15/2021
6:21-cv-06296-FPG
PN-NY-0060-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
W.D.N.Y.
04/05/2021
Class Action Complaint [ECF# 1]
PN-NY-0060-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D.N.Y.
08/31/2021
First Amended Class Action Complaint [ECF# 47]
PN-NY-0060-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Geraci, Frank Paul Jr. (W.D.N.Y.) show/hide docs
PN-NY-0060-9000
Plaintiff's Lawyers Bishop, Ivory L Jr (New York) show/hide docs
PN-NY-0060-0001 | PN-NY-0060-0002 | PN-NY-0060-9000
Brustin, Nick J. (New York) show/hide docs
PN-NY-0060-0001 | PN-NY-0060-0002 | PN-NY-0060-9000
Jacobs, Edward John (New York) show/hide docs
PN-NY-0060-0002 | PN-NY-0060-9000
Martino, Jeffrey D (New York) show/hide docs
PN-NY-0060-0001 | PN-NY-0060-9000
McCarthy, Mary Katherine (New York) show/hide docs
PN-NY-0060-0001 | PN-NY-0060-0002 | PN-NY-0060-9000
Moskovitz, Joshua Samuel (New York) show/hide docs
PN-NY-0060-0001 | PN-NY-0060-0002 | PN-NY-0060-9000
Roth, David A (New York) show/hide docs
PN-NY-0060-0001 | PN-NY-0060-0002
Shields, Elliot Dolby (New York) show/hide docs
PN-NY-0060-0001 | PN-NY-0060-0002 | PN-NY-0060-9000
Thompson, Donald M (New York) show/hide docs
PN-NY-0060-0001 | PN-NY-0060-0002 | PN-NY-0060-9000
Defendant's Lawyers Ash, Spencer L (New York) show/hide docs
PN-NY-0060-9000
Banas, Mitchell J. Jr. (New York) show/hide docs
PN-NY-0060-9000
Beath, Patrick (New York) show/hide docs
PN-NY-0060-9000
Brennan, Alissa M (New York) show/hide docs
PN-NY-0060-9000
Johnson, Curtis Alan (New York) show/hide docs
PN-NY-0060-9000
Lafferty, Riane F (New York) show/hide docs
PN-NY-0060-9000
Rodi, Maria Elizabeth (New York) show/hide docs
PN-NY-0060-9000

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