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.

As of May 23, 2022, the defendants have moved to dismiss the plaintiffs' amended complaint for failure to state a claim.

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)
Attorney for Plaintiff

Bishop, Ivory L Jr (New York)

Boyd, J'Naia L. (New York)

Attorney for Defendant

Ash, Spencer L (New York)

Banas, Mitchell J. Jr. (New York)

Beath, Patrick (New York)

Documents in the Clearinghouse

Documents in this case

6:21-cv-06296

Docket [PACER]

Sept. 15, 2021

Sept. 15, 2021

Docket
1

6:21-cv-06296

Class Action Complaint

April 5, 2021

April 5, 2021

Complaint
47

6:21-cv-06296

First Amended Class Action Complaint

Aug. 31, 2021

Aug. 31, 2021

Complaint

Resources

Docket

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

Last updated April 9, 2026, 5:08 a.m.

ECF Number Date Description Link
1 April 5, 2021

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

Clearinghouse
2 April 5, 2021

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)

RECAP
3 April 5, 2021

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

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4 April 5, 2021

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

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5 April 6, 2021

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)

RECAP
April 6, 2021

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

April 6, 2021

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

April 6, 2021

Notice of Availability of Magistrate Judge

April 6, 2021

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

Automatic Referral to Mediation

April 6, 2021

Case Assigned/Reassigned

6 April 12, 2021

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)

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7 April 12, 2021

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

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April 12, 2021

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

Remark

8 April 13, 2021

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

RECAP
April 13, 2021

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

E-Filing Notification

9 April 15, 2021

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)

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10 April 15, 2021

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)

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11 April 20, 2021

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)

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12 April 20, 2021

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)

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13 April 21, 2021

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)

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14 April 21, 2021

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)

RECAP
15 April 21, 2021

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)

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16 April 22, 2021

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)

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17 April 23, 2021

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)

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18 May 3, 2021

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)

RECAP
19 May 4, 2021

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)

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20 May 12, 2021

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)

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21 May 12, 2021

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)

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22 May 13, 2021

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)

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23 May 14, 2021

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)

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24 May 24, 2021

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)

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25 May 26, 2021

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)

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26 May 27, 2021

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)

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27 May 28, 2021

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)

RECAP
28 June 3, 2021

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)

RECAP
29 June 3, 2021

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)

RECAP
30 June 4, 2021

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)

RECAP
June 4, 2021

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

E-Filing Notification

31 June 7, 2021

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)

RECAP
32 June 8, 2021

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)

RECAP
33 June 8, 2021

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)

RECAP
34 June 14, 2021

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)

RECAP
35 June 15, 2021

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)

RECAP
36 June 15, 2021

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

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37 June 15, 2021

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

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38 June 16, 2021

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

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39 June 21, 2021

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)

RECAP
40 June 22, 2021

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)

RECAP
41 June 23, 2021

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)

RECAP
42 July 9, 2021

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)

RECAP
43 Aug. 13, 2021

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)

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44 Aug. 16, 2021

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

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45 Aug. 16, 2021

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)

RECAP
Aug. 16, 2021

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

E-Filing Notification

46 Aug. 31, 2021

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)

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47 Aug. 31, 2021

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

Clearinghouse
48 Sept. 2, 2021

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

RECAP
49 Sept. 3, 2021

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)

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50 Sept. 3, 2021

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

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51 Sept. 8, 2021

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

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52 Sept. 14, 2021

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)

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53 Sept. 14, 2021

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)

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54 Sept. 15, 2021

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)

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55 Sept. 15, 2021

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)

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56 Oct. 13, 2021

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

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57 Oct. 15, 2021

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)

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58 Oct. 19, 2021

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

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59 Oct. 19, 2021

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)

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60 Oct. 20, 2021

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)

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61 Oct. 20, 2021

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)

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62 Oct. 20, 2021

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)

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63 Oct. 20, 2021

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)

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64 Oct. 21, 2021

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)

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65 Oct. 22, 2021

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)

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66 Oct. 25, 2021

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)

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67 Nov. 5, 2021

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

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68 Nov. 8, 2021

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)

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69 Nov. 10, 2021

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)

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70 Nov. 11, 2021

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)

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71 Nov. 11, 2021

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)

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72 Nov. 12, 2021

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)

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73 Nov. 15, 2021

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

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74 Nov. 29, 2021

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

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75 Nov. 30, 2021

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)

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76 Dec. 1, 2021

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)

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Dec. 1, 2021

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

Dec. 1, 2021

E-Filing Notification

77 Dec. 2, 2021

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)

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78 Dec. 2, 2021

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)

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79 Dec. 2, 2021

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

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80 Dec. 2, 2021

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)

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81 Jan. 24, 2022

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

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82 Jan. 25, 2022

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)

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83 Jan. 28, 2022

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)

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84 Jan. 31, 2022

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)

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Case Details

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

State

City of Rochester

Rochester Police Department

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

Other Dockets:

Western District of New York 6:21-cv-06296

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Failure to discipline

Failure to supervise

Failure to train

Racial profiling

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Black

Policing:

Excessive force

Pepper/OC Spray (policing)

Recommended Citation