James D. Berk

Lawsuits

Named in 6 known lawsuits, $87,001 total settlements.

May-Shaw, Christopher Peyton vs City of New York, et al.
Case # 19CV03416, U.S. District Court - Eastern District NY, July 5, 2019, ended September 3, 2020
Zero Disposition
Complaint
Description: 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. Mr. May-Shaw was brought to the precinct, where officers interrogated him and claimed they found narcotics in the rental car. The officers coerced Mr....

Hogan, Robert Aka May-Shaw, Christopher Peyton vs City of New York, et al.
Case # 17CV05591, U.S. District Court - Eastern District NY, November 1, 2017
Complaint
Description: 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 charge...

Cole, Theodore vs City of New York, et al.
Case # 16CV03363, U.S. District Court - Eastern District NY, December 5, 2016, ended March 5, 2018
$18,000 Settlement
Complaint
Description: 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.

Williams, Austin vs P.O. Berk, James, et al.
Case # 16CV00949, U.S. District Court - Eastern District NY, May 24, 2016, ended March 21, 2017
$9,000 Settlement
Complaint, First Amended Complaint
Description: 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.

Cummins, Tyler vs City of New York, et al.
Case # 15CV00096, U.S. District Court - Eastern District NY, January 13, 2015, ended January 20, 2017
$60,001 Settlement
Complaint
Description: 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. Pl...

Cummins v. The City Of New York City et al
Case # 15CV00096, U.S. District Court - Southern District NY
Complaint