The Rochester man who accused two city police officers of using excessive force in a case of mistaken identity, is suing the City and the Rochester Police Department.
It was last May when Christopher Pate said he was approached by two officers who thought he was a wanted burglary suspect.
Despite showing ID, he was handcuffed, beaten and had a stun gun used against him.
Officer Michael Sippel, was found guilty of misdemeanor assault at a bench trial this spring, and was later fired.
A grand jury did not indict Sippel’s partner, Spenser McAvoy.
The arrest was recorded on body camera video.