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Man shot by police on Facebook Live signals possible lawsuit

Man shot by police on Facebook Live signals possible lawsuit

Notice claims assault, battery, deliberate indifference; authorities have concluded officers acted appropriately
Man shot by police on Facebook Live signals possible lawsuit
Anthony Logan looks over a balcony railing in June.
Photographer: PETER R. BARBER

SCHENECTADY — The man police shot and injured during a Facebook Live broadcast in June has now filed the precursor to a potential lawsuit against the city.

Anthony Logan, 23, filed the notice against the city recently, claiming assault, battery and deliberate indifference, as well as violations of his constitutional and civil rights.

Logan contends police used "excessive and unnecessary force" to arrest him and then denied him access to medical treatment as he lay on the Mumford Street apartment house's second-floor porch for two hours after being shot by officers.

WARNING: Video of the shooting was captured on Facebook Live. The shooting occurs near the 25-minute mark. Graphic video and language.

"By extensively delaying claimant's access to medical treatment for hours after shooting him, the SPD officers were negligent and/or deliberately indifferent to claimant's serious medical needs," the notice reads.

Logan was shot twice the morning of June 5 by officers who fired while he stood on the balcony. Officers fired after he swung his arm over the railing while holding an unidentified object. Police had responded to his residence after they received a domestic dispute call.

A bystander captured much of the incident on Facebook Live online.

Logan spent more than two weeks at Albany Medical Center and is now housed at Schenectady County jail without bail on charges stemming from the incident and a parole violation.

Logan's notice includes no attorney information. An attorney who has previously said he was working with Logan to explore his civil options could not be reached. The notice seeks unspecified damages and includes that Logan intends to file suit if damages are not paid.

Schenectady City Corporation Counsel Carl Falotico declined to comment on the notice.

City police and prosecutors, however, have concluded officers acted appropriately that morning.

Prosecutors have said that there's no evidence to support charges against any of the four officers who fired their guns during the standoff.

Police Chief Eric Clifford has previously said that evidence, including the Facebook Live video, indicated to him that officers were justified in their actions.

As for the delay in getting Logan help, police have said it took them that long to ensure the house was safe to enter. A police SWAT team finally went in more than two hours after the shooting and paramedics were allowed in.

Family members implored police during the delay to get Logan help.

Charges against Logan cover the alleged events that led police to the residence, the shooting itself and allegations since.

The most serious charges — the only two felonies — relate to a sawed-off rifle police say Logan tossed in a bag to a vacant building next door shortly after they arrived. Officers recovered the bag and knew its contents prior to the shooting, police have said.

Police found no weapon near Logan after the shooting and have not said what he allegedly had in his hand.

Police have identified the officers who fired as Nicholas Giardono, Timothy Rizzo, Douglas Smith and Detective Daniel McDonald.

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