(UTICA, NY) — Emery Celli Brinckerhoff Abady Ward & Maazel LLP, along with co-counsel Melissa K. Swartz, filed a federal civil rights lawsuit today on behalf of the family of 13-year-old Nyah Mway, who was shot and killed by a Utica police officer in June 2024. The suit, filed in the United States District Court for the Northern District of New York, is brought by Nyah’s mother, Chee War, as the Administrator of his Estate. It names the City of Utica and Utica Police Department (UPD) Officer Patrick Husnay as defendants.

The complaint stems from the tragic events of June 28, 2024. Nyah was walking home with a friend when three uniformed Utica Police Department officers stopped him for “jaywalking” and insisted on searching him. Having no prior experience with the police, 13-year-old Nyah ran. Within seconds, Officer Bryce Patterson tackled Nyah, who was only 5’ 5’’ and 111 pounds, to the ground and was punching Nyah who was pinned beneath Patterson, when Officer Patrick Husnay walked over and, without any justification, shot Nyah point-blank in the chest, penetrating his heart and lung. Nyah was subsequently taken to a nearby hospital where he was pronounced dead. A pellet gun was later found in a grassy area several feet from where Nyah was shot by Officer Husnay.

“My son Nyah was a good boy, a wonderful son with a bright future. I love him and miss him, and I cry every day thinking about my beautiful boy,” said Chee War, mother to Nyah Mway.

“There was no justification for the shooting of this 13-year-old child. The bullet shattered a family and a community, and the officer must be held accountable,” said ECBAWM Partner Earl Ward.

ECBAWM Partner Julia Kuan said, “Nyah should have finished his freshman year of high school this month. Officer Husnay’s unjustifiable use of deadly force snuffed out this child’s potential and the aspirations of his entire family and community.”

“Nyah Mway should be alive today. It cannot be that a family survives a brutal military regime and ethnic cleansing, only to be torn apart by the lawless actions of a merciless police officer meant to protect that family on the very streets where they sought refuge,” said ECBAWM Associate Hafsa S. Mansoor.

The lawsuit details claims under the U.S. Constitution, New York State Constitution, and common law, including:
• excessive force in violation of the Fourth and Fourteenth Amendments;
• assault and battery;
• violations of the New York State Constitution; and
• reckless hiring, training, and supervision by the City of Utica.

Nyah Mway and his family survived the Karen genocide in Burma and spent a decade in a refugee camp before being resettled in the United States in 2015. He was the third of four children, deeply loved by his family, and dreamed of becoming a doctor to help others — especially his older brother, who suffered a lasting injury in the camp. Like many Karen refugees, Nyah and his family came to Utica seeking safety and stability. Utica is home to one of the largest Karen populations in the U.S., and one in five Utica residents is a refugee or the child of refugees. Nyah had just completed middle school and was preparing to start high school when he was killed.

The family is seeking compensatory and punitive damages.

Press:

“Family of shooting victim Nyah Mway files lawsuit against Utica, officer,” Daily Sentinel