A lawsuit against the city of Schenectady and one of its police officers, accused of using excessive force in a 2019 arrest, is on track for trial after a recent federal ruling. The case centers around the actions of former patrol officer Brian Pommer, now a detective, who allegedly injured a woman during the arrest. Despite the city's attempt to have the case dismissed, a federal magistrate has ruled the lawsuit will proceed to trial, bringing renewed attention to Pommer’s conduct and police accountability.
The lawsuit is not the first time Pommer has been accused of excessive force. In a separate incident in July 2020, Pommer was involved in a physical altercation with a man named Yugeshwar Gaindarpersaud. Gaindarpersaud had allegedly slashed his neighbor's tires and fled the scene, prompting a brief foot chase. Following the arrest, Pommer was accused of repeatedly punching Gaindarpersaud and kneeing him on his head and neck. A video of the incident, filmed by Gaindarpersaud’s father and later shared by social justice advocates, sparked public outrage, leading to protests in Schenectady and calls for police reform.
The Schenectady County District Attorney’s Office eventually concluded that Pommer had not broken any laws during the 2020 incident. Nevertheless, the officer was suspended for six days and required to attend counseling. The city later paid $40,000 to settle a lawsuit that Gaindarpersaud filed against both the city and Pommer.
The current lawsuit, filed by Carlyn Ringer, stems from a 2019 arrest that allegedly turned violent when Pommer injured Ringer while taking her into custody. According to Ringer, Pommer slammed her head against his police cruiser, forcefully threw her into the back seat, and then slammed her foot in the door, causing significant injury. Ringer claims the incident left her with a cut lip that required stitches, along with other injuries.
The arrest occurred under contentious circumstances. Ringer testified that the incident unfolded just a week after two undercover detectives, posing as homeless individuals, had arrested her for loitering and possessing a controlled substance in a city park. During that arrest, Ringer said one of the detectives offered her a deal: work as an informant in exchange for not being charged with her drug offense. She was supposed to meet with the detective the following week but failed to do so, which, according to her, led to Pommer confronting her on a city street on September 24, 2019.
Ringer’s lawsuit claims that Pommer informed her he was going to search her and that she voluntarily handed him her purse, telling him it contained a crack pipe. During the search, Pommer allegedly found a Xanax bar, which led to her arrest for a misdemeanor drug charge.
What followed, according to Ringer, was a violent escalation. “I was in the handcuffs, up against the cop car, facing the cop car, and my boyfriend and my cab driver were across the street watching,” Ringer recounted during a 2020 hearing. “I turned my head and he took me by the back of my head and pushed my head forward off the cop car and blood went everywhere.” She added that she later required five stitches to close the wound on her chin.
The altercation occurred just as Ringer was about to enter an outpatient drug treatment center, located near the Schenectady police headquarters, which only added to the tension surrounding the event. Although police offered her medical treatment at the scene, Ringer claimed she declined, citing their refusal to photograph her injuries. After her release, Ringer was picked up by her mother and taken to a walk-in health clinic for treatment.
In their defense, attorneys representing the city of Schenectady and Officer Pommer argued that the officer acted within his training and that Ringer’s injuries were the result of her refusal to follow his instructions. They stated that much of the interaction was captured on Pommer’s body camera, but the moment where Ringer was allegedly pushed against the police car was not visible because the body camera fell onto the street during a brief struggle.
The case has taken on significant importance, not just for Ringer but also for police accountability. U.S. Magistrate Judge Daniel J. Stewart dismissed some of Ringer’s claims, including her allegations of unlawful arrest and prosecution. Her misdemeanor charges stemming from both arrests that month were later dropped. However, Stewart allowed the claims related to excessive force to proceed to trial.
Of particular note, Stewart also ruled that Pommer could not claim "qualified immunity"—a legal doctrine that shields government officials from liability unless they have violated someone's constitutional rights or broken the law. Stewart made it clear that the question of whether Pommer is entitled to qualified immunity will be determined at trial.
This ruling has profound implications for both Pommer and the city of Schenectady. If the case goes to trial, it could set a precedent for how excessive force cases are handled in the area. Furthermore, the ongoing scrutiny of Pommer’s past actions has already led to changes in police policy, especially in the wake of the public outrage sparked by the 2020 video showing him using force against Gaindarpersaud.
Two years ago, Schenectady Police Chief Eric Clifford defended Pommer's actions during the 2019 arrest, claiming that the officer had followed proper procedures and adhered to the Schenectady Police Department’s policies, as well as New York State Criminal Procedure Law. However, with the case still making its way through the courts, the city's defense remains to be tested, especially as public opinion surrounding police conduct continues to evolve.
As the legal battle unfolds, the stakes are high. A status conference for the case is scheduled for December 19 in U.S. District Court in Albany, where a trial date will be set. Ringer’s lawsuit represents not just a personal fight for justice but also a larger battle over police conduct and accountability in the community.
This case is an important moment in the ongoing discussion about law enforcement's use of force, the importance of holding officers accountable for their actions, and the rights of individuals who may find themselves caught in controversial and potentially dangerous encounters with the police. The trial will certainly draw attention to these larger issues, and the outcome could have far-reaching implications for policing in Schenectady and beyond.
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