UNITED STATES DISTRICT COURT RULES IN FAVOR OF UTICA POLICE OFFICERS

Utica Mayor Robert Palmieri today announced the United States District Court for the Northern District of New York entered a judgment in favor of the City of Utica and its Police Officers regarding an incident that occurred in 2015.

The City of Utica’s SWAT Team executed a “no knock” search warrant and conducted a raid at 1645 Howard Avenue.  During the raid, members of the Utica Police Department (UPD) were attacked by a pit bull which had a history of biting other dogs and people. 

For officer safety, UPD personnel had to fire several rounds, one of which went through the canine, ricocheted off of the floor and struck Eric Jackson, the suspect of the raid, in the foot.  Mr. Jackson was provided with immediate medical attention. 

Upon securing the scene, UPD personnel located 96 glassine envelopes containing heroin which resulted in Mr. Jackson’s criminal prosecution and conviction. Additionally, UPD internally investigated the incident and determined that no Officer misconduct occurred.

Mr. Jackson filed suit against the City of Utica and its Officers.  Mr. Jackson claimed the Officers unconstitutionally shot the canine and used excessive force which resulted in the gunshot wound to his foot.

The United States District Court for the Northern District of New York entered a Memorandum-Decision and Order adjudicating these claims in favor of the City of Utica and its Officers. 

Mr. Jackson was represented by Michael P. Kushner, Esquire from Brooklyn, New York.  The City of Utica and its Officers were represented by First Assistant Corporation Counsel Zachary C. Oren.  Inquiries regarding this matter can be sent to Corporation Counsel's office to Zachary Oren, Esquire available via email at zoren@cityofutica.com.