Federal Court Upholds Claims in Plattsburgh Jail Beating Case

On January 12, 2022, federal judge Mae A. D’Agostino issued a decision sustaining a lawsuit filed by KLLF on behalf of Zachary Butchino, who was beaten by police on camera in a cell in the Plattsburgh Police Station in 2017. Judge D’Agostino’s decision denied a motion for summary judgment filed by the City of Plattsburgh and local police officials, allowing the case to proceed to a jury trial.

The Court held that there was enough evidence for a jury to find that three officers used excessive force against Mr. Butchino and that three others failed to intervene to stop them. One of the three officers who failed to intervene is former Plattsburgh Chief of Police Levi Ritter, who recently resigned after having been placed on administrative leave shortly before Mr. Butchino filed his lawsuit.

The lawsuit also alleges that the officers were aware that Mr. Butchino, a U.S. Army combat veteran, was experiencing PTSD symptoms when they carried out their premeditated assault. The Court also determined that Mr. Butchino’s disability discrimination claims would proceed to trial, as enough evidence existed for a jury to conclude that the City of Plattsburgh—which had “no departmental policies regarding the use of force during a mental health incident” —was deliberately indifferent to the risk that its officers would violate the rights of people with psychiatric disabilities.

You can read the complaint and additional coverage of the case here. KLLF’s opposition briefing is available here. The Court is expected to set a trial date soon. KLLF’s Doug Lieb and Adam Strychaluk represent Mr. Butchino.