New Cop Trend: Breaking Kid's Arm & Taxpayers Footing The Bills

Rotterdam police allegedly broke the arm of an emotionally disturbed 16-year-old boy after two cops tried to remove him by force from a school bus he refused to leave, and a video revealed the cracking sound of a bone followed by the teenager's moans and shouted expletives.

Now an attorney representing the teenager's family is suing the town and seeking damages in excess of $1 million for a fractured humerus, possible nerve damage, medical expenses and pain and suffering.

The attorney said the teenager's medications were being adjusted at the time, limiting his ability to move. He has been diagnosed with multiple emotional disorders, including Tourette syndrome, anxiety disorder, bipolar disorder and pervasive developmental disorder, according to the family's lawyer.

The incident unfolded on the morning of Oct. 9, 2013 in the driveway of the teenager's Rotterdam home and came to light late Friday in a news release issued by Rotterdam Police Chief James Hamilton who said a review determined that "officers followed department protocol and procedures."

In addition, police charged the teen, Jacob Gocheski, with obstructing governmental administration in the second degree, a misdemeanor. He appeared in Rotterdam Town Court on Nov. 18 on the charge, which is pending.

Attorney Kevin Luibrand filed a notice of claim on Jan. 6 against the town on behalf of Gocheski and his parents. "There was clear and obvious use of excessive force," Luibrand said Friday. "They placed his arm in a position where they locked the arm and proceeded with significant force to break the arm between the shoulder blade and elbow, creating a displaced fracture."

Luibrand released an X-ray of the teenager's left arm that showed a gruesome break and a shattered bone midway up the bicep.

The video from the bus showed Sgt. Daniel Ryan and Officer Ronald Armstrong talking for nearly 15 minutes to Gocheski, who wore a camouflage hoodie and kept his head down as he sat alone in a bus seat two rows back from the driver, who worked for Mohonasen Transportation.