Rochester man suing city and police department

Created: 02/04/2014 5:46 PM WHEC.com
By: Berkeley Brean

News10NBC has learned that a Rochester man is suing the city and the police. He says he was beaten by officers while he was arrested back in August. He filed a lawsuit against the officers, former Rochester Police Chief James Sheppard and the city in federal court last week. 

News10NBC did reach out to the Rochester Police Department and City Hall and neither of them are commenting on the case. 

The man suing the officers and the city says by the time he was put in the police car, his elbow and nose were broken. His lawyer says he also had a concussion and bruises all over his body. All those injuries are listed in this lawsuit filed in federal court.

Dwayne Ivery is the man who says he was beaten by Rochester Police Department officers. He spoke yo News10NBC with his attorney late Tuesday. 

According to the lawsuit, the arrest happened behind his house on East Main Street. Ivery, his lawyer and his girlfriend’s deposition say roughly the same story. Ivery and his girlfriend were breaking up and arguing. She called police, but by the time they showed up, Ivery and his girlfriend say they had calmed down. At one point, Ivery said he approached the officer who was standing next to his girlfriend and that’s when things went wrong.

Dwayne Ivery, suing RPD officers over arrest, said, “He grabbed me and started punching me and fell around the car and at that point, he must have hit me a couple of more times and I believe I went unconscious and I remember coming to and asking the one officer, the other officer, why is he letting him do this to me?  I was punched a couple of more times. I was stomped in the head.”

Ivery was arrested for harassment and resisting arrest. Those charges were dismissed in November. Ivery said he’s had contact with police before for minor stuff, but never with these two officers. 

Again, the Rochester Police Department and the city of Rochester declined to comment.

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