A federal lawsuit claiming nine Schenectady police officers used excessive force against a man who was later cleared of charges will go to trial in December, the plaintiff's attorney said Thursday.
Judge Thomas J. McAvoy, senior United States District Court judge, issued a 41-page decision allowing the claim to go forward, attorney Brian W. Matula said. The majority of the claims made by Alexander Marcano of Schenectady, including unconstitutional arrest and incarceration, were tossed, the attorney said.
According to the plaintiff, he was walking on Mumford Street on Jan. 7, 2011, when officers began chasing him, erroneously believing he was involved in a menacing and home intrusion incident nearby. Marcano was never charged with the initial incident; subsequent charges of resisting arrest and obstruction were later dropped, Matula said.
Marcano was hit several times and dragged to a police car, and later required stitches, his attorney said. He was unarmed.
“When the jury hears an unarmed man who was not presenting any threat to the officers was repeatedly punched, kicked, kneed and dragged to the police vehicle, it will have no choice but to find the force used was excessive and unconstitutional," Matula said.