A federal jury awarded a Rochester man $1 after finding that he was not wrongfully arrested six years ago, but that one of the officers who arrested him did use excessive force.
Benny Warr, who is confined to a wheelchair, sued the city in 2013 after his arrest, which was caught by several different people on cellphone video. Warr said he was sitting on Jefferson Avenue eating an ice cream cone when police arrived to break up a crowd on the street near him. Warr crossed the street to a bus stop when two of the three officers approached and told him to move. Warr testified he was waiting for a bus, but the officers said he was shouting obscenities at them and they decided to charge him with disorderly conduct. Warr then fought back and in the struggle with the officers and a third who arrived later, he was tumbled out of his wheelchair.
The police review board exonerated the officers of misconduct.
Warr’s lawyer says he will ask the judge to set aside the verdict.