ALDEN, N.Y. (WKBW) — Erie County is facing a lawsuit following an altercation between corrections officers and an inmate at Erie County Correctional Facility.
The Buffalo News initially sued the Erie County Sheriff's Office for the release of the footage. It was since provided to 7 Investigates through a Freedom of Information Law request.
In February 2022, Nathaniel Oyoyo was subdued by officers after they say he refused to be fingerprinted and became combative.
Body-camera footage appears to show Officer Daniel Piwowarczyk kicking toward the head of Oyoyo. Piwowarczyk claims he kicked the inmate in the shoulder, according to a sheriff's office internal report.
However, internal investigators wrote the video suggests that the officer's foot does contact Oyoyo's head.
Of nearly a dozen officers present, only one reported Piwowarczyk striking Oyoyo in a "Use of Force" report. Officer Naegely wrote that he observed a black boot come into contact with Oyoyo's face. He later submitted a second report, omitting that statement.
Sheriff's office records indicate Piwowarczyk received three prior sustained complaints, including an incident in 2019 where he entered inaccurate and false information into a disciplinary report.
But in this internal investigation, the sheriff's office found Piwowarczyk was justified in his use of force — exonerating him because, "the preponderance of the evidence indicates that the conduct underlying the complaint was justified and consistent with policy."
Piwowarczyk remains on the job, making over $70,000 dollars a year.
Oyoyo, then nineteen years old, battles mental health challenges. He's now serving his sentence on a burglary and robbery charge at Washington Correctional Facility. He claims to have suffered hearing damage in the altercation.
"There was no reason for all that physical force on my son – not at all," said Oyoyo's mother Andrea Himes. She was adamant that the public see the video.
"They didn’t protect. They didn’t serve. They didn’t do nothing but beat him, they beat him," she said.
Oyoyo is now suing Erie County. A judge granted his request for a claim against the county last week — seeking over five millions dollars.
But legal analyst Florina Altshiler says the claim could be resolved for significantly less.
"It is not uncommon for lawsuits like this to be filed," said Altshiler. "It is not uncommon for a notice of claim to allege there’s five million dollars in damages. The number sounds astounding, but they always allege a very large number. It does not mean the facts or evidence support that number."
In a statement to 7 News, a county spokesperson wrote, "It is county policy to not comment on pending litigation."
