ECBAWM and co-counsel Melissa K. Swartz secured a significant ruling in the federal civil rights lawsuit brought on behalf of the family of 13-year-old Nyah Mway, who was fatally shot by Utica Police Department Officer Patrick Husnay in June 2024.

The U.S. District Court for the Northern District of New York denied the defendants’ motion to dismiss in all respects except for the claim against the City of Utica for negligent hiring, training, supervision, discipline, staffing, and retention. The ruling allows the remaining claims against Officer Husnay and the City of Utica to proceed, including the excessive-force claims, and rejects Husnay’s qualified-immunity defense at this stage of the litigation.

“I miss Nyah every single day. He was my beautiful son, and he had his whole life ahead of him. Nothing will ever bring him back, but I will keep fighting for him,” said Chee War, Nyah Mway’s mother. “I want the truth about what happened to my son, and I want justice for Nyah.”

“Today’s ruling clears the way for Nyah’s family to keep fighting for justice and accountability. They have waited more than two years for answers about why their 13-year-old son was shot and killed, and this decision moves them closer to getting those answers. Nyah’s family deserves the truth, they deserve accountability, and they deserve justice. We intend to keep fighting until they get it,” said ECBAWM Partners Earl S. Ward and Julia P. Kuan.

The claims moving forward include excessive force under the U.S. Constitution against Husnay, excessive force under the New York State Constitution, common-law assault, and common-law battery. The family is seeking compensatory damages and punitive damages against Husnay.

The Family of Nyah Mway, is represented by ECBAWM attorneys Julia Kuan and Earl Ward, along with co-counsel Melissa K. Swartz. 

Press:

Utica Observer Dispatch: Nyah Mway lawsuit against Utica moves forward

WKTV: Federal Judge Allows Civil Rights Lawsuit to Move Forward in Nyah Mway 2024 Shooting

Yahoo: Federal court: Nyah Mway civil rights lawsuit to proceed