City settles case of force
Schenectady reaches deal with resident whose arrest inflamed racial tensions
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.