City man hit by patrol car sues RPD, others for $7M
- Brian A. Norford, 24, claims city police used excessive force in hitting him with police cruiser.
A city man struck by a Rochester Police Department cruiser earlier this year has filed a $7 million civil case against the department, some of its officers and the city of Rochester.
Brian A. Norford, 24, of Rochester alleges in court documents that police used excessive force Feb. 3, 2016, when a police cruiser plowed into him on the sidewalk in the area of 475 Lyell Ave.
Video of the incident shows Norford getting knocked to the ground by the cruiser, then being hit three times by an officer and taken into custody. Norford suffered scarring, permanent disfigurement and injuries that required medical treatment as a result of the incident, according to court documents.
"It’s hard to believe," said Leland Williams, Norford's attorney. "They knocked him down. I can't believe there is any police training that involves using a cruiser to apprehend a suspect by hitting (him). You can see it in the video. It is abundantly clear."
VIDEO: Rochester cop car rams into suspect
Officers Patrick Giancursio and William Wagner are named in court papers filed earlier this month in U.S. District Court. A spokesperson for the Rochester Police Department declined to comment, adding that the agency does not comment on such litigation.
Rochester police originally responded to that area of Lyell Avenue after receiving a call for "males selling drugs," according to an initial statement by Capt. Michael Callari.
Officers then approached the group and observed one of the males matching the description of an individual described in the 911 call.
Police allege that the man, later identified as Norford, ran from officers and discarded a handgun during the ensuing foot chase. Norford was charged with second-degree criminal possession of a weapon, and later pleaded guilty to a lesser charge to avoid jail time, said Williams.
Williams said Norford stopped in an area that he knew had surveillance cameras and was raising his hands just prior to being hit by the patrol car.
"Let's say that there was a drug deal happening," Williams said. "Would that kind of behavior warrant using a patrol car to stop a fleeing suspect? I think things have to be proportionate. Police shouldn't be using deadly force unless they are worried about deadly force, or presented with deadly force."
Court documents allege that police not only used excessive force but also committed an assault, a false arrest, imprisonment without probable cause and the intentional infliction of emotional distress. Also, the documents allege that the city of Rochester failed to properly train officers or appropriately investigate citizen complaints of misconduct by officers.
TCLAUSEN@Gannett.com
Includes reporting by staff writer Will Cleveland.