A federal judge dismissed a police brutality lawsuit from a New York City protester who claimed she was harmed by police during a demonstration, after bodycam footage contradicted her assertions.
Kimberly Bernard alleged she suffered injuries, abuse, and bleeding near an NYPD station on May 8, 2023. However, U.S. District Judge Dennis Court ruled on August 28 that both the bodycam video and eyewitness accounts did not support her claims.
The judge noted in his 20-page ruling that “Bernard’s allegations of excessive force are not entirely reliable,” pointing out that the footage showed no visible injuries to her face, arms, or shoulders for over 30 minutes post-arrest. In fact, he observed that the handcuffs appeared to hang loosely, allowing her some freedom of movement.
Bernard’s legal representatives have yet to comment on the decision.
A mother of three, she has been involved in activism, having spoken at a demonstration in Washington Square Park in 2021 and co-founding the Black Women’s March in 2020. She presents herself as an organizer on social media.
Her legal troubles began on May 6, 2023, when she participated in protests on Lexington Avenue about the death of Jordan Neely, which had occurred days earlier.
After Daniel Penny was arrested in connection to Neely’s death, he was acquitted later on. Bernard reportedly boarded a subway train and helped maintain service for about an hour.
Although not arrested initially, she was taken into custody two days later during a different protest outside the 7th District station, with charges related to trespassing from a prior incident.
In her lawsuit filed on August 7, 2024, she accused officers of “forcibly grabbing” her and pushing her against a brick wall, alleging that she suffered ongoing physical and emotional injuries as a result.
Her suit names the city, various police officials, and over a dozen unnamed officers. Yet, the judge maintained that the bodycam footage presented a contrasting narrative to Bernard’s claims.
The judge observed that the video showed a calmer demeanor from Bernard during her arrest and did not support her assertion of injuries. While she referenced photos of minor bruises on her arm, the judge pointed out discrepancies regarding when those pictures were taken and noted the individual’s clothing differed from what Bernard wore at the time of her arrest.
Ultimately, the judge sided with the city and dismissed the case.
The NYPD has not yet responded to requests for comments regarding the court ruling.
