New York State Supreme Court Justice Andrew V. Siracuse has dropped the Village of Brockport and Monroe County from a $25 million lawsuit brought by a man who was paralyzed from the waist down in a motor vehicle accident September 30, 1999.

Anthony Spalla, 21, of Lewiston had filed suit against Brockport, Monroe County, the driver of the car, Richard Douyon of Rochester, and the owner of the car, Michelle Jones. The suit against the two individuals is still underway, and Spalla's attorney has said he will appeal Siracuse's decision to dismiss Brockport and Monroe County as defendants.

On the night of the accident, Douyon was seen making what appeared to be a drug transaction at a Holley Street home, according to Village Attorney Roy Heise. Brockport police officers were engaged in an undercover investigation of alleged drug activities at the house. As Douyon left the Holley Street home, Brockport police officers in an unmarked car contacted two marked vehicles, including a sheriff's car, to stop Douyon for questioning.

Douyon left the village on Holley Street heading towards Redman Road and its intersection with Fourth Section Road. At one point, Douyon slowed and pulled to the shoulder of the road, then when the police car slowed, accelerated to escape. Officers then noted that Douyon was "driving bizarrely," according to Heise, and backed off the pursuit. Douyon's vehicle sped through the red light at Redman and Fourth Section Road striking Spalla's vehicle.

According to Heise, Siracuse's decision meant there was no evidence that the police did not act correctly in their pursuit of Douyon. "The Supreme Court of the United States has upheld the authority of police to pursue individuals suspected of criminal activity," Heise said. "There is an overall public need to have police be able to do their job. Unfortunately, this criminal activity resulted in an innocent citizen being tragically injured."

Heise said that police officers did find chemical substances in Douyon's car and he is now in jail serving an 18-25 year sentence on assault, drug and traffic violation charges.