- PHOTO BY MAX SCHULTE
- Daniel Prude's brother, Joe Prude, stands outside City Hall on Wednesday, Sept. 2, 2020, during an announcement of plans to sue the city over Prude's death.
Elliot Shields, the lawyer, filed a complaint in state Supreme Court on Sept. 21 alleging that the city did not fully respond to an April 3 open records request for all communications and body-worn camera footage related to Prude’s fatal encounter with police on March 23.
He was scheduled to make his argument before Justice James Piampiano at 10:30 a.m. Thursday.
The complaint stated that city representatives told the Prude family’s attorneys that there were no communications between any Rochester Police Department officers or city employees related to the incident. But when Deputy Mayor James Smith released his 323-page administrative review of the incident on Sept. 14, it contained “numerous” records, including e-mails between police and city officials, that should have been produced under the records request, the complaint argued.
In addition to seeking any documents to which they are entitled, the lawsuit also seeks reimbursement from the city for attorney fees and costs.
The Monroe County medical examiner ruled Prude’s death a homicide due to “complications of asphyxia in the setting of physical restraint due to excited delerium due to acute phencyclidine intoxication,” an indication that Prude might have been high on PCP.
Jeremy Moule is CITY’s news editor. He can be reached at email@example.com.