The man in a wheelchair whose arrest by Rochester police was captured on cell phone video has filed a federal lawsuit against the city.
Benny Warr was charged with resisting arrest and disorderly conduct. Those charges have been adjourned in contemplation of dismissal in six months.
During the video of the arrest, Warr falls to the ground in his wheelchair. Warr said he was injured and officers used pepper spray.
In the arrest report, police said they asked people to move away from the corner on Jefferson Ave. Warr refused, saying he was waiting for the bus. Police said Warr cursed at them, something Warr denies.
Results of the police department's internal review of the incident have not been made public.
In the lawsuit, Warr claims police used excessive force and violated his civil rights.
Copyright 2013 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.