Judge denies the city of Rochester request for Tyshon Jones lawsuit dismissal

ROCHESTER, N.Y. — A judge said no to the city’s request to throw out a lawsuit that says the City of Rochester violated Tyshon Jones’ rights the night a Rochester police officer shot and killed him. The lawsuit can now go forward.

Body camera footage from March 10, 2021, shows that Jones approached officers while holding a knife. Officer Matthew Drake then shot Jones 5 times.

According to the lawsuit, police knew Jones had come from the Open Door Mission, a homeless shelter, and was cutting himself in front of them and asking them to shoot him.

Kennetha Short and Pernell Jones, who are in charge of Tyshon Jones’s estate, say that this means the police knew Jones was having mental problems. They say the officers’ actions were against what the Americans with Disabilities Act says (ADA).

In its motion to have the case thrown out, the City of Rochester said that the immediate danger of the situation was more important than any ADA concerns.

U.S. District Court Judge Elizabeth Wolford, on the other hand, wrote that she had to believe the plaintiffs’ claims at this point in the case. So, she has to use a standard that is better for the plaintiffs than what is used in later cases. This makes her think that the lawsuit shouldn’t be thrown out.