From [HERE] The U.S. Court of Appeals affirmed a civil ruling that a City of Poughkeepsie police officer had used excessive force against a Black teenager and called for a retrial in another teen's excessive force claim against another city officer stemming from the same 2009 incident.

The court affirmed a 2014 jury ruling in favor of Jayvon Elting, which awarded Elting $196,500 in damages following a false arrest and the use of excessive force by Officer Gregg McGinley.

Another 2014 jury ruling in favor of Officer John Williams was vacated, and the court granted Jarquez Dancy a new trial in his claim that he, too, was the victim of a false arrest and excessive force.

Both McGinley and Williams remain on active duty with the City of Poughkeepsie Police, according to acting Police Chief Thomas Pape.

Who is responsible for paying damages is unclear. Paul Ackermann, with the City of Poughkeepsie Corporation Counsel’s Office, failed to return calls from the Journal Thursday. City Mayor Rob Rolison declined to comment on the case, stating that he was unfamiliar with the details.

According to court records, on Oct. 2, 2009, Dancy and Elting, then 18- and 17-years-old and both African-American men, were stopped by McGinley while walking on Main Street around 11 p.m.

McGinley stopped Dancy and Elting following the report of a robbery a few blocks away, with the assailant described as a "thin, black male" wearing a "brown jacket." Additional officers, including Williams, responded to the stop.

During an ensuing altercation, Elting said that McGinley "spun him around to the ground" after he refused to put away his phone, and McGinley and other officers punched him while he was on the ground, according to the documents.

McGinley said that Elting attempted to flee and that, during the struggle, the two fell to the ground. While on the ground, there was a "short struggle," McGinley said.

During McGinley and Elting's altercation, Dancy said that "he felt that he was pushed from behind" into a patrol car while Williams stood behind him.

Williams said that he didn't push Dancy but used "a guiding movement with (his) hand and forearm." He confirmed that he did apply "deliberate" force.

A physical assessment of Elting's injuries included "left eye pain, head pain, bruising on cheeks, elbow, back, swelling of his head and temporal area, tender upper and lower back and abrasions to his nose and hand," according to the documents.

Dancy suffered a fractured jaw, and his jaw was wired shut for approximately six weeks, according to the documents.

Elting was arrested on obstruction of governmental administration, resisting arrest and possession of a controlled substance, and Dancy was arrested on attempted robbery.

Dancy's charges were dropped, and Elting agreed to a negotiated settlement.