In 2021, a Rochester police officer shot and killed Tyshon Jones, who was allegedly in acute mental distress at the time later died at hospital. His estate is administered by mother Kennetha Short and father Pernell Jones (collectively Short), who asserted claims under the ADA, Rehabilitation Act and 42 USC §1983 as well as state law based claims for battery, assault, and wrongful death.

The City of Rochester moved to stay Short’s lawsuit while the judge assigned thereto decides the city’s motion for summary judgment. Action was assigned to the undersigned magistrate judge for purposes of non-dispositive matters, including the pending motion for a stay.