Federal Jury Exonerates City of Poughkeepsie in Excessive Force ClaimJan 2nd, 2013 | By HV Insider | Category: Lead Article
Federal Jury in White Plains, NY Exonerates City of Poughkeepsie and Four City Police Officers in Excessive Force Claim Arising out of November 2, 2009 Arrest
A Federal jury has exonerated The City of Poughkeepsie and four of its police officers of any wrongdoing in connection with the arrest, handcuffing and confinement of City of Poughkeepsie resident, Renato Gallardo, on November 2, 2009. In his suit, Gallardo alleged that his constitutional rights were violated during his arrest following a melee at a bar in the City of Poughkeepsie. Gallardo sought money damages in connection with alleged injuries he sustained during the course of his arrest.
During the trial, plaintiff claimed that he was improperly handcuffed, transported and confined at police headquarters, all in violation of his constitutional rights. The four involved police officers testified during the trial regarding both Gallardo’s conduct and those actions taken by the police officers in response. In this regard, all four police officers testified that Gallardo assaulted one of the persons involved in the earlier melee while in their presence and that he was arrested because of that assault. Gallardo resisted police efforts to handcuff him after the assault and then proceeded to kick out the rear window of a police vehicle before being transported to police headquarters. It was Gallardo’s contention that he was improperly handcuffed and that he was injured by the manner in which he was placed in the police car.
The police officers testified that the handcuffing of Gallardo was proper in light of his non-compliance. In addition, the police officers testified that Gallardo’s treatment following his arrest was in keeping with proper police procedure.
The jury reached its verdict on December 13, 2012 following a three day trial. In their verdict, the jury concluded that none of the police officers had violated Gallardo’s constitutional rights and that he was not entitled to any damages.
Gallardo was represented by Rory Bellantoni, Esq. of Scarsdale, New York. The City of Poughkeepsie and the four police officers involved in the case were represented by Thomas F. Kelly, III and John P. Meenagh, Jr. of Kelly & Meenagh, LLP in Poughkeepsie, New York.