Cell block beating victim files papers to sue city

BUFFALO, N.Y. (WIVB) – It has been almost a month since Shaun Porter, 37, took a pummeling in the city lockup and his wounds have started to heal. Now sources are revealing what touched off his arrest and subsequent beating, on the night of May 19: hours of drinking with acquaintances which apparently got out of hand.

The drinking led to some kind of altercation at an apartment on Wilson Street, and police were called, which lead to Porter’s arrest.

“He was assaulted by the jailer,” said Porter’s attorney Richard Binko, “and it is our understanding that a couple of officers saw it, observed it.”

Porter is charged with assaulting a woman at the Wilson Street apartment on the night of May 19. She also accused Porter of damaging her property, but witnesses said Porter had already left the apartment when police picked him up about two blocks away.

The Buffalo father was taken to the city lockup and booked for misdemeanor assault and criminal mischief, and two violations, harassment and trespassing. It is alleged that Porter was beaten by a cell block attendant, Matthew Jaskula, during the booking process.

Jaskula now faces federal civil rights charges, accused of assaulting Shaun Porter while he was handcuffed with his hands behind his back, and the incident was recorded on at least 4 surveillance cameras in the cell block.

Two Buffalo police officers are accused of watching the beating, and doing nothing to help. They have been suspended without pay.

Porter was in city court Thursday morning, where the criminal mischief charge was reduced from a felony, and court officials notified Porter of an Order of Protection his accuser had taken out against him.

Attorney Binko has filed a Notice of Claim with the city which is the first step in a lawsuit. Binko is also asking a state judge to compel authorities to turn over the video recordings of Porter’s assault.

“We are looking to make sure that all potential defendants–we can identify what they did and did not do. At this point it is premature since we have not reviewed any of the tapes.”

Porter is due back in city court on the criminal charges next month, but before that his attorneys are going to state court to try to get copies of the cell block video recordings.

WIVB.com provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Commenters who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review. Note: Comments containing links are not allowed.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s