{"active":true,"first_name":"James","last_name":"Berk","race":"White","gender":"Male","rank":"CPT","command":{"command":"IAB","assignment_date":"2025-11-24","id":"IAB"},"taxid":"949358","complaint_ids":[202007361,201709933,201508477,201206462],"command_history":[{"command":"PBBS","id":"PBBS"},{"command":"067 PCT","id":"67pct"},{"command":"103 PCT","id":"103pct"},{"command":"073 PCT","id":"73pct"}],"appt_date":"2010-07-06","age":42,"middle_initial":"D","shield_no_history":[2974,7307,1311],"lawsuits":[{"name":"Wade, Jerry vs City of Ny, et al.","start_date":"2024-06-13","payout_amount":0,"disposition":"","docket":"505251/2024","court":"Supreme Court - Kings","summary":"On February 21, 2021, the plaintiff, while driving in Brooklyn after dropping off a friend at Kings County Hospital, encountered a group of police officers near East 98th Street and East New York Avenue. Unfamiliar with the area and unaware it was under investigation, the plaintiff followed police orders to stop and then reverse his vehicle. In doing so, his vehicle lightly bumped into a police car. Despite there being no damage, the officers arrested the plaintiff, accusing him of driving while intoxicated, although he exhibited no signs of impairment.\n\nThe plaintiff was detained for over 26 hours, charged with operating a motor vehicle under the influence of alcohol, and had his driver's license suspended. This led to financial losses due to a four-month job suspension and required him to make multiple court appearances over a year-long prosecution. Ultimately, all charges were dismissed due to insufficient evidence.\n\nThe plaintiff asserts that the arresting officers fabricated evidence and violated his constitutional rights, leading to a false arrest and malicious prosecution. The lawsuit also contends that the NYPD’s history of inadequate investigation and discipline of officer misconduct contributed to this incident, resulting in physical, emotional, and economic harm to the plaintiff.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=bxESSoAntMWWbRSDnG0iDw==","type":"complaint"}]},{"name":"May-Shaw, Christopher Peyton vs City of New York, et al.","start_date":"2019-07-05","disposition_date":"2020-09-03","payout_amount":0,"disposition":"Zero Disposition","docket":"19CV03416","court":"U.S. District Court - Eastern District NY","officer_name":"Berk, James","summary":"Around 3:30 pm on August 10, 2016, Mr. May-Shaw was exiting the Holiday Inn with his female companion, Ms. Morris, and walking towards her rental car so he could retrieve his ID card. After getting his ID, they began walking down the street when 3-4 police officers jumped out of a vehicle with tinted windows and told them to stop walking. The officers proceeded to search Mr. May-Shaw and Ms. Morris but discovered nothing. The officers placed both individuals in handcuffs and placed them in separate unmarked cars. The officers then went to search the rental car. \n\nMr. May-Shaw was brought to the precinct, where officers interrogated him and claimed they found narcotics in the rental car. The officers coerced Mr. May-Shaw into signing a statement that he possessed narcotics in exchange for releasing Ms. Morris. They then went to search the hotel room and informed Mr. May-Shaw he would be charged with a felony drug charge and Ms. Morris would be charged with a misdemeanor drug charge. The defendant officers fabricated evidence that they provided to the DA. As a result, Mr. May-Shaw was indicted and held on Rikers Island until the charges were dismissed. However, the officers never returned Mr. May-Shaw's property to him, including almost $12,000.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nyed.434671/gov.uscourts.nyed.434671.1.0.pdf","type":"complaint"}]},{"officer_name":"Berk, James","start_date":"2017-11-01","court":"U.S. District Court - Eastern District NY","docket":"17CV05591","name":"Hogan, Robert Aka May-Shaw, Christopher Peyton vs City of New York, et al.","county":"['Kings (Brooklyn)']","summary":"Plaintiff was in the backseat of a car that was stopped by the Defendants Officer Smith and Sergeant Pierre.  The driver of the car was eventually arrested and Plaintiff was ordered to exit the vehicle. Then, after responding to Defendant Smith's question about his address, the Plaintiff was arrested and placed in the back of a police car. The two John Doe defendants in the car refused to tell him why he was being arrested. At the 67th Precinct, the Plaintiff was searched without probable cause and removed of his sunglasses, three iphones, over $6,500, and other items. These items were never returned to the Plaintiff. Plaintiff was placed in a holding cell for over four hours without being advised of his charges.","incident_location":"Motor vehicle, Precinct, Prison/Jail, Street","allegations":["Abuse of process","Conversion","False arrest/False imprisonment","Malicious prosecution","Unlawful stop and/or search"],"defendant_types":["NYPD"],"documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nyed.407404/gov.uscourts.nyed.407404.130.0.pdf","type":"complaint"}],"payout_amount":0,"url":"https://www.courtlistener.com/docket/6174602/may-shaw-v-city-of-new-york/"},{"name":"Cole, Theodore vs City of New York, et al.","start_date":"2016-12-05","disposition_date":"2018-03-05","payout_amount":18000,"disposition":"Settlement","docket":"16CV03363","court":"U.S. District Court - Eastern District NY","officer_name":"Berk, James","summary":"Plaintiff pulled in his driveway and was getting out of his car when Defendant Officers approached him, wrestled him to the ground and put him in a chokehold, tightly handcuffed him, and arrested him.  Plaintiff was taken to the 67th Precinct and charged with Resisting Arrest, Dis Con, and 1113(A) Failure to Obey Traffic Control Signal and 1212 Reckless Driving based on false allegations from Defendant Berk. The charges were later dismissed.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nyed.387227/gov.uscourts.nyed.387227.7.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/4325582/cole-v-berk/"},{"name":"Williams, Austin vs P.O. Berk, James, et al.","start_date":"2016-05-24","disposition_date":"2017-03-21","payout_amount":9000,"disposition":"Settlement","docket":"16CV00949","court":"U.S. District Court - Eastern District NY","officer_name":"Berk, James","summary":"Plaintiff was at a friend's apartment when several Defendant Officers entered and took several individuals into custody, including Plaintiff.  Plaintiff was brought to the 67th Precinct and then released after 54 hours in custody without any charges being filed against him.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nyed.381886.12.0.pdf","type":"complaint"},{"url":"https://www.documentcloud.org/documents/4923236-Williams-v-City-of-New-York-et-al"}],"url":"https://www.courtlistener.com/docket/4325283/williams-v-city-of-new-york/"},{"name":"Cummins, Tyler vs City of New York, et al.","start_date":"2015-01-13","disposition_date":"2017-01-20","payout_amount":60001,"disposition":"Settlement","docket":"15CV00096","court":"U.S. District Court - Eastern District NY","officer_name":"Berk, James","summary":"On June 19, 2014, Plaintiff rode his bicycle to a store. As he entered, POs Acevado and Berk called to him. He went back outside and they questioned him and demanded ID, which Plaintiff didn't have with him. The POs handcuffed Plaintiff and threw him into their police van face down while he was handcuffed behind his back. Plaintiff told them they were cowards and didn't need to bother him. the POs put their hands on Plaintiff's neck and told him to shut up. They punched Plaintiff in the ribs and jaw, struck him between the eyes with an unknown object, and pushed him into the seat with their knees on his back and their hands on his neck. Plaintiff's shirt was full of blood. They then took him to the precinct. Plaintiff asked to be taken to a hospital but the POs ordered him into a cell. PO Rajinder Singh tasered Plaintiff. Plaintiff asked to go to the hospital again. PO Rajinder Singh tasered him again. Plaintiff lost consciousness. An ambulance took Plaintiff to the hospital. He was then taken back to the station cell and eventually to central booking, arraigned on several charges, and released. The POs provided false evidence to prosecutors in the DAs office. His case was ACD.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nyed.364905.1.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/4324003/cummins-v-the-city-of-new-york-city/"},{"name":"Cummins v. The City Of New York City et al","court":"U.S. District Court - Southern District NY","documents":[{"url":"https://www.documentcloud.org/documents/4920302-Cummins-v-The-City-Of-New-York-City-et-al"}],"docket":"15CV00096","officer_name":"James D. Berk"}],"documents":[{"url":"https://www.documentcloud.org/documents/21020813-berk-31f51213b6a96d2a74d39303d46ff417d3c5cb17","type":"brady-giglio"},{"url":"https://www.documentcloud.org/documents/21056648-giglio_berk-949358-10-14-20","type":"brady-giglio"}],"image":"https://www.50-a.org/images/officer/U3XX-james-berk.jpg","payroll":{"salary":"160722","regular":"155798","overtime":"2208","other":"22159","total":"180164"},"id":"U3XX","url":"https://www.50-a.org/officer/U3XX"}