News10NBC Investigates: In rare move, Rochester police officer files lawsuit against man he arrested for assault

Rochester police officer files lawsuit against man he arrested for assault

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ROCHESTER, N.Y. – Just days before former Rochester city employee Anthony Hall was sentenced to two years in prison for assaulting a Rochester police officer in January and 18 months for stealing more than $1,000 from a neighborhood organization, Hall was sued by a Rochester police officer who got hurt arresting Hall after he assaulted police.

It’s the first time we can find that an officer has sued a citizen for injuries.

Police body camera video from just after midnight on January 2, 2025, shows officers trying to get Hall to leave the apartment of an ex-girlfriend. She called 911 after Hall entered her apartment.

The group of officers were about to arrest Hall but gave him one more chance to leave. As Hall walked by an officer, the video shows Hall lunge at the officer and shove him.

Police tackled Hall and when he tried to get to his knees, Officer Jeffrey Mirt punched him twice. In his “Use of Force Report” completed four hours later, Officer Mirt wrote he grabbed Hall’s right arm to try to get it behind Hall’s back. “This is not effective as (Hall) refused to place his hands behind his back,” Mirt wrote. “Hall proceeds to try and et to his feet so I deliver (2) straight punches to the right side of Hall’s head.”

Later, Officer Mirt wrote “I felt some discomfort to my thumb on my right hand” and notice it was “beginning to swell.”

The lawsuit says Officer Mirt broke his right thumb and the top bone in one of his fingers.

In his lawsuit, Officer Mirt says it was Hall’s “careless, negligent and/or reckless and/or intentional acts” that caused Mirt to get hurt. It says Mirt missed “substantial amount of work,” missed “overtime” and has “continuing medical” bills. He’s suing Hall for negligence, assault and battery.

After Hall is cuffed, the video shows Mirt’s hand and he complains about the pain.

Officer: “Did you crack your thumb?”
Officer Mirt: “Oh, my (expletive) thumb. Hell yeah.”

When Hall refused to move his feet into the police car, it was Officer Mirts who pepper sprayed him with his injured right hand.

Ofc. Mirts: “I’m telling you right now put your feet in or you’re going to get sprayed.”

Hall: “Where’s the sergeant?”

Officer: “He’s coming.”

Hall: “Aghhhhh!”

So far everyone has declined to talk about this including Hall’s lawyer, the officer’s lawyer and the police union. They all refuse because the lawsuit is ongoing.

There is very little information in New York on police officers suing citizens for injuries and there’s something called the Firefighter’s Rule which bars officers from suing a person if they were hurt doing the job because they assume the risk. According to the lawsuit, Officer Mirts was hurt because of Anthony Hall’s intentional acts.

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