A federal decide has tossed a police brutality lawsuit filed by a Massive Apple protester who claimed she was roughed up by cops throughout an illustration — after NYPD bodycam confirmed she made all of it up.
Kimberly Bernard claimed she was manhandled by New York’s Most interesting on Could 8, 2023, and was left bruised, battered and bleeding outdoors an NYPD stationhouse whereas protesting the subway chokehold dying of vagrant Jordan Neely one week earlier, court docket data present.
However US District Courtroom Choose Denise Cote stated in her Aug. 28 determination that police bodycam footage and eyewitness accounts didn’t again up Bernard’s story — and dismissed the claims.
“Bernard’s claims of extreme pressure are completely discredited by the physique digicam footage submitted in reference to this movement,” the decide wrote within the 20-page determination.
“That footage clearly reveals that there was no seen damage to her face, arms or shoulders throughout greater than a half hour following her arrest,” Cote wrote. “The video footage additionally reveals that {the handcuffs} have been loosely hanging at Bernard’s wrists, such that she was in a position to freely slide them up her wrists.”
Bernard’s lawyer didn’t instantly reply to a request for touch upon the ruling.
The mom of three identifies herself as an organizer and activist on her on-line profiles, talking at a 2021 demonstration at Washington Sq. Park and collaborating in a 2020 “Black Lives Matter” march on Washington DC as co-founder of Black Lady’s March, in keeping with studies.
Her more moderen brush with the legislation started on Could 6, 2023,when she joined a crowd of demonstrators on the Lexington Avenue and 63rd Road station to protest Neely’s dying after a transit conflict with ex-Marine Daniel Penny 5 days earlier.
Penny was ultimately arrested however later acquitted of wrongdoing.
Bernard allegedly jumped onto the subway tracks, holding up Q prepare service for an hour.
Though she was not busted then, cops allegedly acknowledged her from surveillance footage two days later, when she joined a brand new crowd of demonstrators outdoors the seventh Precinct station home in Manhattan — and arrested her for the sooner trespassing.
She claimed in her federal lawsuit, filed on Aug. 7, 2024, in search of $150,000 that cops “forcibly grabbed” her and “shoved her right into a brick constructing façade earlier than pinning her in opposition to the wall.
“On account of defendants’ conduct, Ms. Bernard has suffered bodily and emotional accidents, ache and struggling, the results of that are ongoing,” the lawsuit stated. “The total extent of Ms. Bernard’s accidents isn’t but recognized.”
Her lawsuit names the town, NYPD brass and greater than a dozen unidentified law enforcement officials.
Nonetheless, the decide stated that bodycam footage “depicts a unique model of occasions.”
Cote stated the video reveals Bernard’s demeanor was “relaxed all through” her arrest, and stated the video didn’t present any of the accidents she later claimed to have suffered.
Whereas Bernard cited photographs that “present mild scratches and a bruise on an higher arm,” she didn’t say when these have been taken, whereas the decide famous that the individual in these pics “seems to be carrying a garment of a unique shade than the one Bernard wore on the time of her arrest.”
Cate then dismissed the go well with by granting the town’s request for a judgment.
The NYPD didn’t reply to a request for touch upon the ruling.
