Handicapped man who sued police for excessive force awarded just $1 from federal jury

On Monday, a federal jury found two of the three Rochester Police Officers who arrested Benny Warr in 2013 did not use excessive force and awarded the wheelchair-bound man $1 in damages.

According to the Democrat & Chronicle, Warr claims he was quietly waiting for his bus when three Rochester Police Officers approached him and began to beat him up back in 2013.

The lawsuit stemmed from an incident where officers asked a group of people who were reportedly blocking a walkway to move. Warr refused and according to police, began shouting profanities and tried to strike the officers.

Officers then used pepper spray and removed Warr from his wheelchair while he continued to fight with them.

Cell-phone and a city camera caught the arrest on tape.

The jury did decide that one of the officers did use excessive force but only awarded Warr $1 as nominal damages. The jury also declined to award any compensatory damages.

Warr’s attorney says they are considering an appeal.

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