Press conference with Dwayne Ivery announcing his civil rights lawsuit against RPD & city

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Submitted by T. Forsyth / video: Susan Galloway / Enough Is Enough on Sat, 2014-02-08 11:44

On Feb. 4, 2014, Dwayne Ivery and his attorney Charles F. Burkwit are announced the filing of a federal civil rights lawsuit against Rochester Police Department officers Alexander C. Baldauf and Rickey J. Harris, JR., former RPD police chief James Sheppard and the City of Rochester for excessive use of force. Enough Is Enough, an anti- police brutality organization, hosted the press conference in solidarity with Mr. Ivery.

Press conference with Dwayne Ivery announcing his civil rights law suit against RPD & city

Background

On August 17, 2013, around 10:15PM, officers Baldauf and Harris were dispatched to Mr. Ivery's property at 1509 East Main St. because of a dispute between him and his girlfriend. The situation remained calm as Mr. Ivery and his girlfriend moved his belongings to his truck and she, with the help of Baldauf, removed the license plates to his truck. (The registration was in her name, the title in his.)

Mr. Ivery, after conferring with Harris, proceeded to walk calmly toward his girlfriend and Baldauf in front of the truck.

“I thought I told you not to saying anything!” shouted Baldauf, without warning.

Baldauf then grabbed Mr. Ivery's hand and punched him in the head. Mr. Ivery stumbled around the front of the vehicle trying to move away from the officer who continued punching him numerous times in the head and face before throwing and pinning Mr. Ivery on the ground near his garage. While pinned, Baldauf continued punching Mr. Ivery in the face, head, and areas all over his body. At one point, Baldauf stomped on Mr. Ivery's head with his boot. Officer Harris stood idly by and did nothing while Mr. Ivery lapsed in and out of consciousness with the punches.

Harris eventually jumped on Mr. Ivery, pinning him, while Baldauf continued hitting him until Harris finally handcuffed him.

Mr. Ivery was charged with harassment in the 2nd degree and resisting arrest and was offered an Adjournment in Contemplation of Dismissal on November 13, 2013. Reluctantly, he took the ACD. A home video surveillance camera captured the brutality.

Mr. Ivery suffered a nasal fracture, a hematoma superior and pain to his left eye, seven or more large throbbing bumps on his face and neck, multiple contusions, right elbow pain and tendonitis, both eyes swollen shut, facial swelling, neck pain, headaches, memory problems, PTSD, post concussive syndrome, and other physical and mental pain and suffering.