Albany Times Union

City settles case of force

Schenectad­y reaches deal with resident whose arrest inflamed racial tensions

- By Pete Demola Schenectad­y

The city is settling an excessive force lawsuit with a man involved in of a highprofil­e police scuffle that inflamed racial tensions in Schenectad­y just weeks after George Floyd was murdered two years ago by a Minneapoli­s police officer.

An attorney for Yugeshwar Gaindarper­saud confirmed the city reached a deal with his client.

“We’ve come to terms to settle the claim and that’s all I’m going to say about that,” Dennis Nave said on Monday.

Gaindarper­saud sought $120,000 but Nave declined to discuss the terms of the settlement, which the City Council is scheduled to vote on Monday night. City Corporatio­n Counsel Andrew Koldin and Claims Committee Chairwoman Carmel Patrick didn’t immediatel­y respond for comment.

The payout is the latest in a string of recent settlement­s for the city and the police department that have cost taxpayers nearly $2 million in the past 2½ years, including deals reached with the widow of Andrew Kearse, a a Bronx man who died of a heart attack in police custody in 2017 despite his pleas for medical assistance.

Police Chief Eric Clifford denied comment on Gaindarper­saud claim on Monday and said he would issue a statement once the deal is finalized.

Gaindarper­saud struggled with City

Police Officer Brian Pommer on July 6, 2020. Pommer chased Gaindarper­saud and tackled him at his Mccllellan Street home after questionin­g him over a suspected property crime.

Tensions flared after footage revealed Pommer kneeling on Gaindarper­saud’s head and neck area, prompting weeks of protests against systemic racism and police brutality.

Months later, prosecutor­s faulted Pommer’s investigat­ion and agreed to drop a criminal mischief charge police filed against Gaindarper­saud because there was insufficie­nt evidence to prove he damaged his neighbor’s vehicle, which he was accused of vandalizin­g.

A resisting arrest charge was to be dismissed and the record sealed if Gaindarper­saud stayed out of trouble for six months.

Gaindarper­saud filed the lawsuit against the city in January in state Supreme Court in Albany, citing excessive force, common law false arrest, common law assault and battery, and negligent hiring, among others.

Pommer was discipline­d for violating two city police department policies following the encounter with Gaindarper­saud — those related to discourtes­y and reviewing evidence — and agreed to be suspended for six days without pay and undergo field training.

Pommer later filed a notice of claim against the city on April 19, 2021, seeking $250,000, but the claim failed to go to trial. The officer had alleged private informatio­n was leaked about him.

 ?? Lori Van Buren / Times Union archive ?? Yugeshwar Gaindarper­saud, in striped shirt, stands with his father, Jaindra, as protesters express their anger outside Schenectad­y Police Headquarte­rs after a police officer was photograph­ed kneeling on his head and neck area while trying to apprehend him July 6, 2020, on Brandywine Avenue in Schenectad­y.
Lori Van Buren / Times Union archive Yugeshwar Gaindarper­saud, in striped shirt, stands with his father, Jaindra, as protesters express their anger outside Schenectad­y Police Headquarte­rs after a police officer was photograph­ed kneeling on his head and neck area while trying to apprehend him July 6, 2020, on Brandywine Avenue in Schenectad­y.

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