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Notice of claim for excessive force filed against Troy Police

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Updated: 2/18 6:29 pm

TROY, N.Y. - Troy Police recently defended and disputed claims of excessive force by officers during an incident at Kokopellis, but there is a new notice of claim for excessive force filed in a separate incident.

The notice of claim filed against Troy Police and the City of Troy alleges that officers falsely arrested a man and used excessive force while assaulting him. The man's attorney said he plans to also take the claim to a higher court.

According to the notice of claim filed by Attorney Terry Kindlon, in October of 2013, former Hudson Valley student Archie Davis was in the area of Adams Street and Hill Street. He claims that is when Troy Police officers used excessive force. The officers allegedly punched the man in the face and ribs, throwing him to the ground and tasering him.

Davis was originally charged with jaywalking and resisting arrest but those charges have all been dropped. The notice against the City of Troy and Troy Police Department claims Davis was falsely arrested and assaulted.

Kindlon said he will also file his claim in federal court. Kindlon has another lawsuit against the city and officers pending, also for claims of excessive force. 

"I can't explain why it's happening I just know that it is happening and when it happens again and again and again then almost anybody can discern a pattern forming and that's alarming because what that means is that there's a breakdown in discipline or there is a breakdown in training," said Terry Kindlon of Kindlon Shanks & Associates.

Troy Police Captain John Cooney declined to comment on the notice Tuesday and the Troy Mayor was not available.

"Lawsuits will be brought as they should be and judgments will be entered and what happens then is that the people of the city of Troy are going to have to pay these things," said Kindlon.

Last year, taxpayer money foot the bill for a settlement of around $90,000 in a lawsuit where James Foley claimed officers used excessive force against him after being injured during an incident in 2010.

Troy City Attorney Ian Silverman said the settlement does not mean the city admitted any wrong doing but he did confirm it was paid with taxpayer dollars.

Kindlon also has another lawsuit pending against the city and three Troy officers, his client claims police used excessive force during an incident at St. Mary's Hospital in 2011.

"When it happens again and again and again then almost anybody can discern a pattern forming and that's alarming," he said.

Kindlon said his client suffered injuries and was not able to return to playing football or college at Hudson Valley. The city has yet to respond to this claim but is preparing to do.

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