Lawsuit alleges rights violation by police
Black men say they were unlawfully pulled over in 2019
A federal lawsuit filed against the Johnstown police department and two of its officers alleges they violated the civil rights of two Black men in a car after pulling them over and berating them during a traffic stop in 2019.
“It is important to note that the plaintiffs did not commit any crime or vehicle-andtraffic infraction at this point in time and there was no reason for defendants to believe a crime was committed,” states the suit filed last week in the Northern District of New York.
The lawsuit alleges that Mazell York of Gloversville was driving his gray Nissan in neighboring Johnstown with his 3-year-old daughter in the back seat and Amsterdam resident Michael Mcdonald, 35, in front, when the car was stopped during the afternoon hours of Dec. 30, 2019 by Officer Blaine Walker.
He was assisted by another officer, described as ‘John Doe’ in the legal filings.
The two officers, along with the city and police department, were named as defendants in the civil action, which seeks monetary damages and attorney fees.
On Wednesday, Johnstown Police Chief David Gilbo said the suit had been passed on to Michael Poulin, the city ’s attorney. He declined further comment, citing the pending litigation.
Poulin did not respond to messages seeking comment about the case left with an employee at City Hall or a number listed for his private practice in Northville.
The legal document contends that once Walker stopped the car he ordered York, 26, out of the vehicle and accused him and Mcdonald of “picking up” and “dropping off ” drugs at a Byard Street residence in Johnstown.
Attorney Daniel Smalls, who is representing the plaintiffs, said at the time Mcdonald had a female friend living in Johnstown.
York repeatedly demanded to know why he was being detained and the lawsuit alleges his daughter cried hysterically as the incident unfolded.
The officer, according to the lawsuit, later told York he had pulled him over because York had an object hanging from the car ’s rearview mirror for which he was given a traffic ticket for.
The ticket was subsequently dismissed by a Johnstown City Court judge, the lawsuit states.
At one point during the roughly 20-minute encounter, the court papers indicate, that Walker told York and Mcdonald when they objected to his questions about alleged drug activity that “I’m the police, I can do this.”
“It should be noted that neither plaintiff was the subject of a narcotics investigation,” according to the suit. “The actions of the defendants violated the clearly established and well settled federal constitutional rights of plaintiffs, including freedom from the unreasonable seizure of his person and malicious prosecution.”
The court filing also accuses the other police officer of standing by and failing to intervene and faults the police department for not properly training their officers. It also accuses Johnstown of lacking oversight over its police and not holding them accountable when “they act beyond the scope of their duties and job description.”
As a result, the plaintiffs, according to the court papers suffered “severe emotional distress’ because the two officers behavior was “extreme and outrageous.” The plaintiffs are being represent by Schenectady-based attorney Daniel Smalls.