The city of Rochester, New York, can't dismiss a lawsuit filed by the family of a young Black man who was shot and killed by Rochester police while experiencing a mental health crisis, a federal judge has ordered. 

The family of Tyshon Jones can pursue its claims, including wrongful death and violations of the Americans with Disabilities Act, a New York federal judge ruled in an order on Dec. 29. The city's attempts to dismiss the family's suit — including by arguing the shooting was justified, that the police could not have known of Jones' mental illness and that the officers could not have accommodated his disability — are inadequate, Judge Elizabeth Wolford ordered. The city of Rochester must also face the family's claim that the Rochester Police Department has a pattern of killing mentally disturbed Black people, and must go forward with discovery in the case, the judge ordered.

"We are pleased that the Court is appropriately allowing Tyshon's case to move forward," Muhammad Faridi, counsel for Jones' parents, Kennetha Short and Pernell Jones Sr., told Law360 in a statement. "The City of Rochester has failed for too long to address the systemic problems in its policing of Black people and those suffering from mental disabilities. We look forward to securing justice, for Tyshon's family, for Rochester's communities of color, and for all Rochester citizens and their loved ones who are touched by mental illness."

Jones, who had been diagnosed with post-traumatic stress disorder, anxiety and borderline personality disorder, died on March 10, 2021, at the hands of the Rochester Police Department, according to his family's complaint, filed June 8, 2022. While in a state of mental distress, Jones went to a homeless shelter known for serving people with mental illness, the Open Door Mission, then left the premises with knives he had taken from the shelter's kitchen. An employee of the shelter called the police, who confronted Jones on a street that was otherwise empty of civilians, according to the complaint.

Several police officers suggested backing off, but at least three others shone bright lights in Jones' eyes and pointed guns at him as he begged them to kill him, according to the complaint. The officers asked Jones to drop the knife he was holding, but he instead walked toward one officer, Matthew Drake, who shot him in the chest, groin, arm and twice in the stomach, according to the complaint.

The city of Rochester can't claim that video footage of Jones' death, which the city submitted to the court, speaks for itself enough to decide the case, Judge Wolford wrote. The city said Jones' relatives' complaint is a "play by play" retelling of a video of the encounter, but multiple videos exist, and the family hasn't conceded that it relied on that piece of video evidence to draft their complaint.

It also would be inappropriate to resolve the case through summary judgment, Judge Wolford wrote, before the family gets discovery and can assure themselves that they have seen all the evidence, both video and otherwise, surrounding the case, "rather than being required to rely on vague, equivocal representations by an opposing party."

The judge was "unpersuaded" by the city's arguments that the police could not have known Jones had a mental disability, that reasonable accommodation of that disability could not have been possible, and that Drake's decision to shoot Jones five times was reasonable.

The police officers knew Jones had come from the Open Door Mission and Jones was clearly distressed, self-harming by cutting himself with a knife, and begged them to shoot him, according to his family's complaint. Under such circumstances, Jones' mental illness would have been obvious to the police, the court found.

Jones' family also outlined multiple forms of reasonable accommodation the police could have given him, the judge wrote, including not approaching him, using nonlethal weapons, disarming Jones without shooting him, and calling in a specialized team put in place in January 2021 by the city to deal with mental health emergencies.

On March 14, 2021, just four days after Jones' death, the city implemented a policy of dispatching that team, the Person in Crisis (PIC) team, on all emergency calls where a mental health crisis is involved, according to the PIC team's website. 

Also unconvincing to the court was the argument that Jones posed an "imminent threat" that completely justified Drake's use of force. That question can only be resolved by a "fact-intensive inquiry," and it is immaterial to whether the police violated the ADA, according to Judge Wolford, particularly because courts have found that the police must respect the constitutional rights of suspects with disabilities. 

Rochester also can't toss the family's allegations that the Police Department had a pattern of unjustified killings of Black people with mental illnesses. While the city argued the family hadn't made its case, the family's complaint includes extensive claims of unconstitutional violence against Black, mentally ill residents of Rochester, according to the order.

The city also cannot claim qualified immunity, which only protects individuals such as police officers when being sued in their individual capacity, Judge Wolford ruled.

The city of Rochester couldn't be reached for comment.

Kennetha Short and Pernell Jones Sr. are represented by Alanna Gayle Kaufman of Kaufman Leib Lebowitz & Frick LLP, and by Christina M. Seda-Acosta, Henry J. Ricardo, Muhammad U. Faridi, David Kleban, Kevin Opoku-Gyamfi, David Errol, Andrew Bloomfield, and Maddy More of Patterson Belknap Webb & Tyler.

The city of Rochester is represented by Spencer L. Ash of the city of Rochester Law Department.

The case is Kennetha Short and Pernell Jones Sr. in their capacity as administrators of the estate of Tyshon Jones v. City of Rochester, case number 6:22-cv-06263, in the U.S. District Court for the Western District of New York.

--Editing by John C. Davenport.

Update: this story has been updated with counsel information and with comment from Tyshon Jones' parents' counsel.