A Right to move freely w/o Apprehension of oppression? Court Says White Poughkeepsie Cops used excessive force on Black teens walking on Main Street

From [HERE] The U.S. Court of Appeals affirmed a civil ruling that a City of Poughkeepsie police officer had used excessive force against a Black teenager and called for a retrial in another teen's excessive force claim against another city officer stemming from the same 2009 incident.

The court affirmed a 2014 jury ruling in favor of Jayvon Elting, which awarded Elting $196,500 in damages following a false arrest and the use of excessive force by Officer Gregg McGinley.

Another 2014 jury ruling in favor of Officer John Williams was vacated, and the court granted Jarquez Dancy a new trial in his claim that he, too, was the victim of a false arrest and excessive force.

Both McGinley and Williams remain on active duty with the City of Poughkeepsie Police, according to acting Police Chief Thomas Pape.

Who is responsible for paying damages is unclear. Paul Ackermann, with the City of Poughkeepsie Corporation Counsel’s Office, failed to return calls from the Journal Thursday. City Mayor Rob Rolison declined to comment on the case, stating that he was unfamiliar with the details.

According to court records, on Oct. 2, 2009, Dancy and Elting, then 18- and 17-years-old and both African-American men, were stopped by McGinley while walking on Main Street around 11 p.m.

McGinley stopped Dancy and Elting following the report of a robbery a few blocks away, with the assailant described as a "thin, black male" wearing a "brown jacket." Additional officers, including Williams, responded to the stop.

During an ensuing altercation, Elting said that McGinley "spun him around to the ground" after he refused to put away his phone, and McGinley and other officers punched him while he was on the ground, according to the documents.

McGinley said that Elting attempted to flee and that, during the struggle, the two fell to the ground. While on the ground, there was a "short struggle," McGinley said.

During McGinley and Elting's altercation, Dancy said that "he felt that he was pushed from behind" into a patrol car while Williams stood behind him.

Williams said that he didn't push Dancy but used "a guiding movement with (his) hand and forearm." He confirmed that he did apply "deliberate" force.

A physical assessment of Elting's injuries included "left eye pain, head pain, bruising on cheeks, elbow, back, swelling of his head and temporal area, tender upper and lower back and abrasions to his nose and hand," according to the documents.

Dancy suffered a fractured jaw, and his jaw was wired shut for approximately six weeks, according to the documents.

Elting was arrested on obstruction of governmental administration, resisting arrest and possession of a controlled substance, and Dancy was arrested on attempted robbery.

Dancy's charges were dropped, and Elting agreed to a negotiated settlement.

The court rejected McGinley's appeal that there was insufficient evidence in the record to support the jury's damage award of $196,500 for Elting's physical and emotional injuries.

It also rejected that the award was excessive, "as there can be little doubt that an event such as he experienced here has a deeper and lasting impact on a seventeen-year old than an adult," the documents said.

The court also determined that "no reasonable officer would have arrested Elting in the circumstances presented," according to the records.

In Dancy's case, the court found that the district judge's instruction to the jury that Dancy had to show "that in performing the acts alleged, the defendant (Williams) acted intentionally or recklessly," was wrong.

"Thus, a plaintiff need not prove that the officer intended to violate his rights," the document said.

As such, the case of Dancy's claim of excessive force by Williams was remanded, and a trial date will be determined.