BUFFALO, NY-- An appeals court has granted two Buffalo attorney's access to a surveillance tape that they say shows deputies abusing their client.
The incident took place in an underground cell at the Erie County Court house, not the holding center, on January 29, 2010.
Attorneys John Lipsitz and Nan Haynes claim their client, Marquez Mack was abused by deputies in a holding cell.
An appeals court granted their FOIA request to obtain the tape from the incident.
The nine-minute tape, with no audio, shows Mack shoved into a wall by two deputies. At times, there are up to six deputies in the cell. There are no punches shown in the video, nor do you see any deputies kick Mack.
Mack has claimed that he was injured in the incident, saying his knee was hurt. However, at the end of the video you can see Mack pacing in the cell after the deputies left the cell with no apparent discomfort.
In court records obtained by 2 On Your Side, Erie County and the Sheriff's Department had tried to block the surveillance video from being released because it "depicts how deputies subdued the petitioner, the methods they used and the number of deputies required to deal with the situation".
A judge's earlier decision had agreed with the county, before the appeals court overturned it.
Erie County officials would not comment on the case because the case is still in litigation.