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A man who says he was brutalized by Rochester Police has filed a lawsuit against the city, its police chief and three officers. He claims they violated his constitutional rights.
The incident is disturbing, captured on cell phone video.
Benny Warr is the subject of this shocking video and now he has filed a lawsuit in federal court.
News10NBC first showed you the video back in May. Warr claims he was waiting for a bus on Jefferson Avenue when he was approached by two police officers who pushed him over in his wheelchair.
According to the complaint, Warr says the officers sprayed mace or pepper spray in his face and eyes. The complaint goes on to say the officers drove their knees into Warr's neck and throat and repeatedly punched and kicked him while he was laying on the sidewalk in his wheelchair.
Warr was handcuffed, arrested and charged with disorderly conduct and resisting arrest.
This is what Warr told News10NBC after the incident happened.
�I wasn't in front of no establishment, no one's business. I was at a bus stop, minding my own business. I wasn't saying anything to the officer, nothing like that. I am just wondering how I can be a threat. I'm in a chair and they have guns,� said Warr.
According to the lawsuit, Warr is seeking unspecified financial damages and he is also seeking to have the Rochester Police Departments customs of "Operation Cool Down" and "Clearing the Block" policies declared unconstitutional. He also wants the courts to block the police department from aggressively approaching and stopping citizens without probable cause.