ROCHESTER, N.Y. — Elliot Shields, the attorney for Daniel Prude's family, recently filed what’s called an Article 78 petition in the Supreme Court of Monroe County. In the lawsuit, he alleges the City of Rochester withheld information regarding Prude's arrest and death in police custody. 

Shortly after Prude's death, Shields says he sent a FOIL request to the City of Rochester. He claims the city didn't respond. He then filed an appeal on May 28. In June, he was given some documents but was told that they couldn't find any communications regarding Prude's death. 

"They certified that after doing a diligent search they could not find any communications related to Daniel Prude's death by any Rochester police officer or any City of Rochester employee," Shields

Shields claims Rochester City Attorney Stephanie Prince told him they could not release the police body camera footage. Shields says he was told the release would interfere with the attorney general's investigation and cited HIPAA. Shields says on July 21, he saw the video at the AG's office with Prude's family. He says he then received the video from the city on August 20. 

"The basic principle of FOIL is that the public is entitled to government records. We know how the government makes its decisions and so that we can hold government actors accountable," Shields. 

In mid-September, the City of Rochester released more than 300 pages of information, which had shown internal communication about the Daniel pPude case, which Shields says contradicts what he was told earlier. 

"That accompanied a report by Deputy Mayor James Smith in which Mr. Smith said there was more communications, there's more documents. The mayor and the police chief have text messages and all of those things should have been produced to us in the beginning," said Shields. 

Shields says they want transparency and want to hold the city leaders accountable. 

"It's about shining a light on the government's actions here, the City of Rochester, and the police department, so we know exactly what happened in the aftermath of Daniel Prude being killed and who knew what and when they knew it and what they did in response," said Shields.