Judge won’t sanction city lawyers

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A federal judge declined to sanction attorneys for the city of Rochester who have failed to comply with discovery deadlines in a police brutality lawsuit.

Plaintiff David Vann filed the complaint in May 2018 against the city of Rochester, the Rochester Police Department and several police officers.

Vann claims in the complaint that on Sept. 4, 2015, he was falsely arrested “and then brutally beaten after he was handcuffed.”

Vann also claims some officers fabricated evidence against him, coerced witnesses to sign false statements, and suppressed and destroyed evidence. He also claims officers provided false testimony to a grand jury and a trial jury.

Vann was incarcerated for four months, including one month in solitary confinement. He was acquitted of all charges in February 2017 after a three-day jury trial.

Vann’s defense lawyer presented no evidence, but simply cross examined the police officers about video surveillance recordings of the incident “which showed the officers’ testimony was untrue and that Mr. Vann had not committed any crime.”

On Sept. 4, 2015, Vann went to a store on South Avenue to buy an individual cigarette for 75 cents. Vann claims he was shortchanged and the clerk refused to give Vann his money. The clerk “assaulted Mr. Vann and pushed him out of the store.”

As Vann started to walk home, the clerk came outside and invited Vann to come back for his change. A moment later, police arrived.

Vann claims he was handcuffed, arrested and beaten by the officers.

Emergency medical workers told police Vann needed to go to the hospital for medical attention, but the officers refused, the suit claims.

When officers arrived at the Monroe County Jail with Vann, they took him out of the car and beat him before going inside, Vann claims.

Vann was charged with second-degree assault, third-degree assault, resisting arrest and trespass. He was acquitted of all charges.

Vann’s lawsuit was initially filed in state Supreme Court, before being moved to U.S. District Court.

About a year ago, Vann’s lawyer, Elliot D. Shields, claimed attorneys for the city failed to provide information to which the defense was entitled.

Shields filed a motion to compel the city to provide the information, along with a motion to impose sanctions for their failure to comply with discovery rules.

The attorneys met with U.S. Magistrate Judge Mark W. Pedersen earlier this month to work out an agreement on providing the discovery materials, but Pedersen declined to impose sanctions.

“The Court is troubled by defendant’s unresponsiveness to plaintiff’s repeated correspondence, as well as defendant’s failure to follow through on providing promised discovery,” Pedersen wrote in a decision released Tuesday.

Pedersen cautioned the city attorneys that such conduct in the future “may result in sanctions.”

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