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ROBERT M. PALMIERI MAYOR

CITY OF UTICA

OFFICE OF THE MAYOR 1 KENNEDY PLAZA UTICA, NEW YORK 13502 PHONE: (315) 792-0100

 

 

For Immediate Release: April 25, 2018

 

FEDERAL COURT RULES IN FAVOR OF CITY OF UTICA

Utica PoliceOfficer Cleared of All Federal Civil Rights Claims

 

On April 19, 2018 the United States District Court dismissed a lawsuit and entered a judgement in favor of the City of Utica and Utica Police Officer Anthony Ellis on all federal civil rights claims.

 

The lawsuit stemmed from an officer involved shooting on Boilermaker Sunday (July 2013) at Addison Miller Park in which Officer Ellis fired two rounds at Jessie Lee Rose, in response to Jessie Lee Rose discharging a shotgun several times and not complying with Office Ellis’ commands to drop his weapon.

 

One of Officer Ellis’ rounds struck Jessie Lee Rose in the hand. Jessie Lee Rose died as a result of a self-inflicted gunshot wound to the abdomen.

 

The Plaintiffs in the case, Jessie Lee Rose's estate and parents, filed a federal civil rights lawsuit in 2014 alleging that Officer Ellis used excessive unconstitutional deadly force and the Utica Police Department failed to adequately train its officers regarding the use of deadly force and interactions with the mentally ill.

 

The District Court issued a twenty-six-page decision dismissing all federal claims against Officer Ellis. Moreover, the Plaintiffs' abandoned their inaccurate claim that the Utica Police Department failed to adequately train its officers and acknowledged the Utica Police Department had sufficient training.

 

Furthermore, the Utica Police Department surpasses the legally required amount of training for its Officers as it is one of only 22% of law enforcement agencies in

New York State that are accredited by the New York State Department of Criminal Justice Services.

 

A copy of the Court's decision is attached hereto.

 

The Plaintiffs where represented by Woodruff Lee Carroll, Esq. of Carroll & Carroll Lawyers, P.C., a Syracuse based firm. Officer Ellis and the City of Utica were represented by First Assistant Corporation Counsel Zachary C. Oren, Esq.

 

The representation by the Corporation Counsel's Office of the Defendants in this case saved the Utica tax payers between $500,000 to $1 million dollars in defense attorney's fees due to the fact this case was in litigation for nearly five years, consisted of multiple major motions, over twenty civil depositions and more than ten expert witnesses.

 

Any inquiries regarding this case can be directed to First Assistant Corporation Counsel Zachary C. Oren, Esq at 315-792-0171 or via e-mail at  zoren@cityofutica.com.

MEMORANDUM-DECISION AND ORDER