OSWEGO, NY – A federal judge has ruled that an Oswego man’s civil rights lawsuit against the city and several police officers may proceed, rejecting most of the defendants’ attempt to have the case dismissed.
In a 40-page decision issued January 6, 2026, U.S. District Judge David N. Hurd declined to dismiss key claims brought by Devon Hillman, who alleges that officers with the Oswego City Police Department violated his constitutional rights during a December 2023 arrest. The ruling keeps alive allegations of false arrest, excessive force, and malicious prosecution under federal civil rights law.
According to the complaint, Hillman was at a garage connected to his late father’s estate on December 1, 2023, when a confrontation occurred involving relatives and Oswego police officers. Hillman says he was lawfully retrieving personal belongings when officers arrived and forcibly detained him without cause. He also claims officers used unnecessary force and made false statements leading to his arrest.
The lawsuit names the City of Oswego, the Oswego City Police Department, and several officers — including Sergeant Tom Rupert, Investigator Kevin Hadcock, Officer Stephen Weber, and Officer Joshua Martin — along with unidentified “John Doe” officers and a dispatcher.
In their motion to dismiss, the defendants argued that Hillman’s complaint failed to state a viable claim and that the officers were entitled to qualified immunity. Judge Hurd disagreed, finding that the allegations, if proven, could establish constitutional violations. The court ruled that Hillman’s claims of unlawful seizure and excessive force were sufficiently detailed to proceed to discovery.
However, Judge Hurd dismissed several peripheral claims, including some against the police department itself, noting that it is not a separate legal entity from the City of Oswego. The decision allows Hillman to continue pursuing damages against the individual officers and the city.
The case now moves into discovery, where both sides will exchange evidence and take depositions before potential settlement discussions or trial.
Key Points: Oswego man’s civil rights lawsuit over disputed arrest can move forward – Oswego
- Judge David N. Hurd denied most of Oswego’s motion to dismiss a federal civil rights case.
- Plaintiff Devon Hillman alleges false arrest and excessive force stemming from a December 2023 incident.
- The ruling allows the case to proceed against individual police officers and the City of Oswego.
