Judge: Police brutality suit can continue
A police brutality lawsuit filed in 2010 against nine Elmira City police officers by an Elmira family will not be thrown out of court, the federal judge hearing the case has ruled.
But the judge has issued a new deadline for the exchange of evidence and wants the defendants to pay the fees incurred by the December filing of the motion to dismiss the case by the officers' attorney.
U.S. District Magistrate Judge Marian Payson has set Friday as the new deadline for Elmira attorney Bryan Maggs, who is representing the officers, to receive certain medical authorizations from Rochester attorney Kevin McKain, who is representing the James Piper family, of 319 E. Miller St.
On the same date, Payson has ruled, Maggs is expected to notify the court if an agreement has been reached on the amount he is to be reimbursed for filing the motion to dismiss, because of a violation of the court's orders regarding the exchange of evidence.
The brutality charges stem from the officers responding to a fight that occurred during a New Year's party Jan. 1 2009, at 317 E. Miller St. Joseph Piper, 22, at the time, was charged with resisting arrest and was later found guilty in Elmira City Court.
But the family's suit claims that as police tried to quell the situation, they "mentally and physically" assaulted Piper's father, mother and brother, and repeatedly used an electric Taser device on Piper and his father, James, while they were "immobilized and defenseless."
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