Taxpayers may not be on the line after all for a possible payout in an expected lawsuit brought by a young man who was violently arrested by a deputy while tailgating prior to a Buffalo Bills game in 2017.
The incident, which was caught on police body camera footage, prompted a Notice of Claim from 26-year-old Nicholas Belsito. He accuses Deputy Kenneth Achtyl of assaulting him during what his attorney described as an "illegal arrest".
After first being courteous to the deputy while trying to learn information about his friend, Belsito then walked away and cursed at Achtyl, who immediately darted from his vehicle and ran at the young man.
In a criminal complaint filed with the Town of Orchard Park, Deputy Achtyl said Belsito "engaged in fighting, violent, tumultuous and threatening behavior." Belsito's attorney, Aaron Glazer, said the body cam video proved that to be false. Erie County District Attorney John Flynn said his office would investigate to see if Achtyl lied in his report, which would be a misdemeanor.
In the Notice of Claim, Glazer said his client suffered injuries that will require he "spend large sums of money for future medical expenses". He will also seek damages for future pain and suffering, loss of enjoyment and lost wages.
Oftentimes, taxpayers are responsible for paying damages for the bad actions of government employees. Many assumed that would be the case if Belsito were successful in either winning in court or securing a settlement; however, that's not the case.
The lease for the Buffalo Bills at New Era Field requires the county purchase insurance to cover damages in a case like the one with Deputy Achtyl and Belsito.
The Stadium Security Agreement portion of the lease lays out the rules for this commercial liability insurance policy. The Bills pay half of the yearly premium (up to $50,000). The Erie County Attorney told 2 On Your Side this year's premium was around $130,000.
That insurance policy "indemnif[ies] the County for any losses incurred due to the actions or inactions of Police Officers engaged to perform duties under this Agreement."
2 On Your Side is told attorneys for the insurance company will likely take over this case from the county once an actual lawsuit is filed.
Glazer said the county has still not conducted an interview of Belsito, which it is entitled to in a case like this. Once that happens, a 30-day waiting period will begin and then Glazer can file his client's lawsuit in State Supreme Court.