Decision of the Day: Stay of Discovery Is Warranted While Summary Judgment Is Decided in Police Shooting Case
This ruling was selected and summarized by the New York Law Journal's decisions editors.
September 12, 2024 at 11:27 PM
2 minute read
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.
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