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Crime Mother of 9-year-old girl pepper-sprayed by Rochester police intends to sue city

17:50  03 february  2021
17:50  03 february  2021 Source:   usatoday.com

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ROCHESTER, N.Y. – The mother of the 9-year-old girl who was handcuffed and pepper-sprayed by a Rochester, New York, police officer on Jan. 29 filed a notice of claim against the city and police department Tuesday.

That means the mother is intending to sue based on an alleged violation of her daughter's constitutional rights and as a result of the "infliction of emotional distress, assault, battery, excessive force, false arrest, false imprisonment, and any other claims" that day.

The woman originally called 911 due to a "vehicle dispute" at her home, the notice of claim stated. After police arrived, her daughter ran outside and the mother requested the help of officers, because the daughter was "upset about her mother and step-father arguing," the claim said.

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a man that is standing in the snow: People and organizations around Rochester are responding to the city’s release of police body-cam video showing a distraught 9-year-old girl being handcuffed and pepper-sprayed by an officer after disobeying commands to put her feet in the car. © Video still People and organizations around Rochester are responding to the city’s release of police body-cam video showing a distraught 9-year-old girl being handcuffed and pepper-sprayed by an officer after disobeying commands to put her feet in the car.

According to police, the daughter was threatening to harm herself and her mother.

The Rochester Democrat and Chronicle, part of the USA TODAY Network, is not publishing the name of the mother to protect the identity of the 9-year-old child.

The mother informed the officers her daughter "should be given some mental health assistance," the claim said.. In total, the city released 16 minutes of redacted footage.

Alternatives? A 9-year-old was pepper-sprayed by police. What should have happened instead?

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In an attempt to subdue and calm the child, officers took her to the ground, handcuffed, and put her in the back of a police vehicle. When the child refused to put her feet inside the car, an officer sprayed an irritant, pepper or OC spray, in her face.

The mother claimed her daughter was "forcefully handcuffed." She said her daughter was hurt as officers pulled her arm behind her back. One officer said she was going to pepper-spray the child but dropped the canister in the snow before doing so, the claim said.

Another officer did pepper-spray the child. The girl was detained under the state's mental hygiene law. She was taken to Rochester General Hospital, treated, and then released to the custody of her mother.

"Police never told the mother that the child was pepper-sprayed or that they struggled with the child, handcuffed her, and arrested her," the claim alleged.

Attorneys for the mother said police officers acted in a "wanton, reckless and malicious" manner.

Rochester, New York, police release bodycam videos to show why officers were 'required' to handcuff, pepper-spray 9-year-old girl

  Rochester, New York, police release bodycam videos to show why officers were 'required' to handcuff, pepper-spray 9-year-old girl The release of the video footage by the Rochester Police Department came after Mayor Lovely Warren emotionally expressed her concern for the child.The release of the video footage by the Rochester Police Department came after Mayor Lovely Warren emotionally expressed her concern for the “child that was harmed during this incident that happened on Friday.

The daughter has suffered mental anguish and psychological trauma from the incident, the claim said.

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In its initial press release, police said the officer was required to use pepper spray in this incident. But when asked about policies dictating a situation like this, a department spokesman wouldn't comment on procedure and directed media to consult the department's general orders. The general orders do not offer guidelines for restraining or using chemical agents like OC spray on juveniles, but RPD General Order 335 signed into effect Jan. 8 does have guidelines for what officers are required to do if they have used a chemical agent on a restrained subject, including checking if they need medical attention.

Inv. Mike Mazzeo, president of the Rochester Police Locust Club, the union representing uniformed police officers, said officers acted appropriately at the scene.

Mayor Lovely Warren said Monday the officers involved should be suspended. The department suspended one officer with pay and put two others on administrative leave. The officers' names have not be released.

Rochester suspends officers who were on scene as 9-year-old girl got pepper-sprayed by police

  Rochester suspends officers who were on scene as 9-year-old girl got pepper-sprayed by police Rochester police released bodycam videos showing officers pepper-spraying a distraught 9-year-old girl when she disobeyed commands.The suspensions are effective immediately and will continue, at a minimum, until the completion of an internal review. The officers are suspended with full pay as per state civil service law.

Many in the community have expressed outrage over the incident, especially coming on the heels of the death of Daniel Prude in March 2020 while in police custody. Activists and concerned community members marched Monday to a police substation in Rochester.

Rochester police pepper-sprayed a 9-year-old girl. Why didn't a crisis team respond?

  Rochester police pepper-sprayed a 9-year-old girl. Why didn't a crisis team respond? The officers involved in the incident were suspended while an internal investigation is conducted, a spokesman for Mayor Lovely Warren said."Unfortunately, this was not an incident where PIC [Person In Crisis] Team would have been called," Warren said Sunday. "This call did not come in a form that would have alerted the PIC Team. It came in a way that would have alerted the response that was given, which was our police department.

They vociferously voiced their displeasure, called for the firing and prosecution of the officers involved, and demanded systemic changes within the police department.

Follow reporter Will Cleveland on Twitter: @willcleveland13

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This article originally appeared on Rochester Democrat and Chronicle: Mother of 9-year-old girl pepper-sprayed by Rochester police intends to sue city

Rochester officers removed from patrol after incident involving 9-year-old girl .
Three Rochester, New York, officers have been removed from patrol duty after an incident in which a 9-year-old girl was handcuffed and pepper-sprayed, Interim Police Chief Cynthia Herriott-Sullivan said. © Tina MacIntyre-Yee/Rochester Democrat and Chronicle/USA Today Network Niya Shabazz, one of the organizers of Community Justice Initiative, talks about her outrage and how a child was treated by the police before her, CJI members and supporters march Feb. 1, 2021 from N. Clinton Avenue and Ave. D in Rochester, NY to the Rochester Police Department's Clinton Section at N. Clinton Ave.

usr: 1
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