{"active":false,"first_name":"Brandon","last_name":"Bersch","race":"White","gender":"Male","rank":"SGT","command":{"command":"WARRSEC","id":"118"},"shield_no":2946,"ended_date":"2019-01-02","taxid":"903433","complaint_ids":[201012244,200715332],"command_history":[{"command":"069 PCT","id":"69pct"}],"appt_date":"1993-08-30","lawsuits":[{"name":"Hall, Semrick vs City of New York, et al.","start_date":"2020-01-30","disposition_date":"2025-04-16","payout_amount":48000,"disposition":"Settlement","docket":"523588/2019","court":"Supreme Court - Kings","officer_name":"Bersch, Brandon L.","summary":"On or about 1:00 AM on August 17, at or near 1410 Brooklyn Ave, Apt. 2G, the police received a 911 call from Mr. Videau, who claimed had suffered a concussion and was assaulted by individuals. He stated that these individuals were “still present” at the time of the call and that he was assaulted by three people. He also claimed these individuals had “guns.” When the police arrived, the only assaulting individual identified by Mr. Videau was a 6’2\" Black male, while the Plaintiff is 5’9\". Witnesses at the scene also informed the police that no robbery had taken place. Moreover, upon information received by this office, Mr. Videau is addicted to controlled substances and was under the influence of them when the police arrived.\n\nApproximately eight hours after Mr. Videau suffered his injuries, he was brought to the 67th Precinct to conduct an identification procedure. Defendant Detective Felicia Simon failed to inform the District Attorney’s office that Mr. Videau had suffered head injuries that could affect his ability to accurately recall faces, names, and events. Detective Simon performed a tainted identification procedure, while she informed Mr. Videau that one person he identified was a member of a gang, who was not the Plaintiff. She then presented Mr. Videau with six individuals, informing him that they were associates of the identified gang member and known perpetrators. As a result, Mr. Videau made an incorrect identification of the Plaintiff, who was not even present at 1410 Brooklyn Ave at the time of the incident.\n\nAfter August 17, 2017, the 67th Precinct continued to investigate the assault, which was then reclassified as a robbery. On the same day, Detective Simon discovered that Mr. Videau had previously been arrested for violations of court orders, crimes of dishonesty, and crimes of physical violence in a background check. However, this information was not forwarded to the DA’s office.\n\nOn August 24, 2019, an arrest was made of the two other individuals who were purportedly identified by Mr. Videau. The Kings County DA’s Office declined to prosecute both individuals due to the inability to confirm their identifications from the complaint. The phone number provided by the complainant was either false or disconnected. On the same day, Defendant Officer Matthew Kancler attempted to contact Mr. Videau, but the address given by Mr. Videau was false, as he had not lived there for about three to four years. Additionally, Officer Kancler was informed that Mr. Videau was homeless. Defendant Kancler also talked to his contact who confirmed that Mr. Videau was homeless and went by a different name.\n\nOn August 31, 2017, Plaintiff was arrested inside his home at 508 Cleveland Street. Defendant Detective Jovaniel Cardova and Sergeant Bersch entered his home without an arrest warrant. This arrest occurred even though the previous two arrests based on the complainant’s allegations had both been dismissed due to lack of confirmation from Mr. Videau. Consequently, Defendant Detective Khalil falsely informed the KCDA’s Office that he had received a confirmation text from Mr. Videau identifying the plaintiff as the perpetrator. As a result, the plaintiff was arraigned on August 31, 2017, and was imprisoned on a $30,000 bond, or $20,000 in cash. The plaintiff spent six days in prison before being released on September 5, 2017. All criminal charges against the plaintiff relating to this arrest were dismissed on the motion of the KCDA on December 13, 2017.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=fmqjLY50wsSXbo8/bJqGRQ==","type":"complaint"}]},{"name":"Burks, Timothy vs City of New York, et al.","start_date":"2017-03-24","disposition_date":"2019-06-12","payout_amount":75000,"disposition":"Settlement","docket":"17CV00177","court":"U.S. District Court - Eastern District NY","officer_name":"Bersch, Brandon L.","summary":"On October 14, 2015, Defendant Officers McBurnie, Thompson, and Sergeant Bersch slammed plaintiff Timothy Burks to the ground on his back and hands while he was restrained in handcuffs. As a result, Mr. Burks sustained broken bones in his right hand. Despite Mr. Burks' complaints about his pain, he was transferred to the custody of unnamed defendant corrections officers at Rikers Island without receiving medical treatment. After a judge ordered that Mr. Burks receive medical and psychological treatment, Mr. Burks did not receive this treatment until 9:00pm on October 15. Defendant corrections officers knew about Mr. Burks' injuries, but they did not provide him with medical treatment until many hours later.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nyed.395878/gov.uscourts.nyed.395878.13.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/6083748/burks-v-city-of-new-york/"},{"name":"Coley, Derrick vs City of New York, et al.","start_date":"2015-09-11","disposition_date":"2016-04-25","payout_amount":5002,"disposition":"Settlement","docket":"15CV05132","court":"U.S. District Court - Eastern District NY","officer_name":"Bersch, Brandon L.","summary":"Defendant Officers broke down Plaintiff's door, searched his home, took him to the 73rd Precinct and then Central Booking where he was released without ever being charged of a crime.","documents":[{"url":"https://www.documentcloud.org/documents/4921012-Coley-v-The-City-of-New-York-et-al"},{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nyed.374944/gov.uscourts.nyed.374944.12.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/5715286/coley-v-the-city-of-new-york/"}],"id":"C8H7","url":"https://www.50-a.org/officer/C8H7"}