City of Buffalo $4.5 Million Police Shooting Settlement, Jose Hernandez-Rossy Case Update
The City of Buffalo may pay $4.5 million to settle a federal lawsuit brought by the estate of Jose Hernandez-Rossy, who was fatally shot by Buffalo police officer Justin Tedesco on May 7, 2017.
There is no public claim form, settlement website, claims deadline or eligibility requirement for this settlement. This is an individual federal civil-rights and wrongful-death lawsuit, not a class action. The proposed $4,500,000 payment is for Margarita Rossy, as Administrator of the Estate of Jose Hernandez-Rossy, and it is not final: it still needs approval from the Buffalo Common Council. A Claims Committee discussion was scheduled for September 30, 2026, with a full Council vote expected in October, according to WKBW.
Living in Buffalo, or having had an encounter with Buffalo police, does not make anyone eligible for any part of this payment. Do not submit personal information to any website claiming to collect applications for this settlement.
Want to see how another individual police-shooting settlement worked? Read our coverage of the Cortez Bufford Family’s $1,687,483 Settlement With St. Louis Officer Lucas Roethlisberger Approved by Federal Judge, which also had no public claims process.
Quick Facts: City of Buffalo and Jose Hernandez-Rossy Settlement
| Detail | Information |
| Proposed settlement amount | $4,500,000 |
| Status | Proposed; awaiting Buffalo Common Council approval |
| Plaintiff | Margarita Rossy, as Administrator of the Estate of Jose Hernandez-Rossy |
| Defendants | City of Buffalo, Officer Justin Tedesco, Officer Joseph Acquino, and others |
| Incident date | May 7, 2017 |
| Lawsuit filed | September 19, 2017 |
| Court | U.S. District Court, Western District of New York |
| Case number | 1:17-cv-00937-MAV-HKS |
| Case type | Federal civil-rights and wrongful-death lawsuit (not a class action) |
| Public claim form | None |
| Public claims deadline | None |
| Settlement website | None |
| Next step | Buffalo Common Council vote |
What Happened to Jose Hernandez-Rossy?
According to the New York Attorney General’s investigation, Buffalo officers Justin Tedesco and Joseph Acquino stopped Hernandez-Rossy’s vehicle on Garfield Avenue. During the encounter, Acquino entered the vehicle and believed Hernandez-Rossy had a gun.
Hernandez-Rossy drove away while Acquino was partly inside the vehicle, and the car crashed into a house after nearly hitting a child on a bicycle. Acquino suffered a serious ear injury and believed he had been shot. Hernandez-Rossy then struggled with Tedesco, broke free and ran. Tedesco fired three shots. One bullet struck Hernandez-Rossy in the arm, and he later died.
The Attorney General’s Office determined that Hernandez-Rossy was not armed and had not shot Acquino. It also concluded that Tedesco reasonably, though mistakenly, believed Hernandez-Rossy had committed serious felonies against Acquino, and found no basis for criminal charges.
That conclusion concerned the criminal investigation only. It did not resolve the separate federal civil lawsuit.
What Does the Federal Lawsuit Allege?
Margarita Rossy filed the lawsuit on September 19, 2017, as administrator of the estate. It brought claims arising from the shooting and death, including constitutional claims against the officers and the City, and claims involving American Medical Response (AMR).
The court described the case as a civil-rights and wrongful-death action and noted that the parties gave materially different accounts of the traffic stop and shooting.
Key Court Rulings in the Case
September 2023 – summary judgment. Judge William M. Skretny granted the City defendants summary judgment on most claims but let the Fourth and Fourteenth Amendment excessive-force claims against Officers Tedesco and Acquino continue, finding factual disputes a jury would need to resolve.
March 2025 – Second Circuit. The appeals court concluded the district court had erred in finding that Rossy had not sued the officers in their individual capacities, and sent the matter back for further proceedings. This also affected the question of punitive damages.
June 2026 – punitive damages reinstated. Judge Meredith A. Vacca reinstated Rossy’s punitive-damages claim under the Fourth and Fourteenth Amendments after reconsidering the issue in light of the Second Circuit’s ruling.
August 31, 2026 – remaining claims narrowed. The court dismissed the remaining claims against AMR and the City defendants’ related indemnification cross-claim. The order confirms the case had been scheduled for trial on the remaining excessive-force claims.
Punitive damages are meant to punish, not compensate, and can significantly raise a defendant’s financial risk at trial. That is a common reason cities weigh settlement, though the parties have not publicly stated what drove this proposal.
Is the $4.5 Million Buffalo Settlement Final?
No. It is a proposed settlement requiring municipal approval. Until the Common Council votes and the agreement is formally finalized, it should be described as proposed, not approved or paid. No final finding of liability against the officers has been identified.
Why Can’t Buffalo Residents File a Claim?
Class-action settlements let large groups of consumers submit claims. This case is different: the only plaintiff is the estate. Wrongful-death compensation goes to the estate and its lawful beneficiaries, not to the public. Buffalo taxpayers may indirectly fund a municipal settlement, but that does not create any right to file a claim against it.
What Happens Next? How Estate Settlements Typically Work
The immediate step is Common Council approval. After that, the general process for wrongful-death settlements involving an estate often looks like this (details for this case have not been made public):
- Municipal approval: The City formally approves the payment.
- Court approval where required: Wrongful-death settlements in New York generally require court approval, and the allocation among beneficiaries is typically supervised by a court.
- Protection for minors: If any beneficiaries are minors, courts commonly require their shares to be protected, such as through court-supervised accounts or structured arrangements.
- Payment: Funds are distributed after fees, costs and any liens are addressed.
Attorney Fees and Taxes: General Information
Attorney fees. Civil-rights plaintiffs’ attorneys commonly work on contingency, often for roughly one-third to 40% of a recovery plus litigation costs, though actual terms vary and are not public here. The fee in this case has not been disclosed, and fees in estate settlements are typically subject to court review.
Taxes. Under federal tax law (IRC Section 104(a)(2)), damages received on account of personal physical injury or physical sickness are generally excluded from income. Punitive damages are generally taxable. How this settlement is allocated has not been made public, and tax treatment depends on the final agreement. The estate should consult a tax professional.
Key Dates in the Jose Hernandez-Rossy Case
| Date | Event |
| May 7, 2017 | Jose Hernandez-Rossy fatally shot during a Buffalo police encounter |
| September 19, 2017 | Federal lawsuit filed by Margarita Rossy as estate administrator |
| 2018 | NY Attorney General’s report finds no basis for criminal charges |
| September 5, 2023 | Summary-judgment ruling leaves excessive-force claims against Tedesco and Acquino |
| March 14, 2025 | Second Circuit decision on individual-capacity claims |
| June 15, 2026 | Punitive-damages claim reinstated |
| August 31, 2026 | Remaining AMR claims and related cross-claim dismissed |
| September 30, 2026 | Buffalo Claims Committee expected to discuss the $4.5M proposal |
| October 2026 | Full Common Council vote expected |
Frequently Asked Questions
Is the City of Buffalo $4.5 million settlement approved?
Not yet. It is a proposed settlement under consideration by the Buffalo Common Council.
Who is eligible for the Jose Hernandez-Rossy settlement?
Only the estate, through its administrator, Margarita Rossy. It is not open to Buffalo residents or the public.
Is there a settlement claim form or website?
No public claim form or website has been identified.
What is the deadline to file a claim?
There is no public claims deadline because there is no public claims process.
Is this a class action?
No. It is an individual civil-rights and wrongful-death lawsuit.
What is the case number?
Margarita Rossy, as Administrator of the Estate of Jose Hernandez-Rossy v. City of Buffalo, et al., No. 1:17-cv-00937-MAV-HKS (W.D.N.Y.).
Who pays the settlement?
Municipal settlements are generally paid from city funds, which come from local taxpayer revenue. The Common Council must approve the expenditure.
Did the court find the officers liable?
No final liability finding has been identified. The court found factual disputes that prevented summary judgment on the excessive-force claims.
Where can I read the Attorney General’s report?
The New York Attorney General’s investigation report is listed in the Sources section below.
Related Reading
Cortez Bufford Family’s $1,687,483 Settlement With St. Louis Officer Lucas Roethlisberger Approved by Federal Judge is another individual police-shooting civil-rights settlement that likewise has no public claims process.
Sources and Court Records
- U.S. District Court, W.D.N.Y., Rossy v. City of Buffalo, No. 1:17-cv-00937 – September 5, 2023 decision
- Second Circuit / district court decision on individual-capacity and punitive-damages claims
- August 31, 2026 order
- New York Attorney General investigation report
- WKBW, September 29, 2026 – proposed $4.5M settlement
About the Author
Israr Ahmad is a legal content researcher covering U.S. lawsuits, settlements and court records, explaining legal developments in plain English using public filings and government records.
Disclaimer: This article is for informational purposes only and is not legal advice. AllAboutLawyer.com is not a law firm. The status of the proposed settlement may change as the Common Council considers it. Rely on official court and government records for the latest developments.
About the Author
Israr Ahmad is a legal content researcher with 4+ years of experience covering class action settlements and consumer rights cases. He has researched and published coverage of 2,500+ settlements using verified court records, settlement administrator filings, and government sources. Learn more about Israr.