An activist arrested during protests over the death of Jordan Neely has filed a federal lawsuit against the NYPD.
On May 8, 2023, Kimberly Bernard was at a protest over Neely's chokehold death at the Broadway-Lafayette subway station in Manhattan.
What You Need To Know
- An activist arrested last year during protests over the chokehold death of Jordan Neely has filed a federal lawsuit against the NYPD
- The NYPD said Kimberly Bernard was arrested on terrorism charges, but only misdemeanor charges were brought and were later dropped
- The lawsuit also names Mayor Eric Adams, who drew attention to a Molotov cocktail found the night of Bernard’s arrest
The evening turned chaotic. Roughly a dozen protesters were arrested and taken to a Lower East Side precinct. Bernard went there to provide support — only to be arrested herself by NYPD Assistant Chief James McCarthy.
“I was kind of picked out, targeted and arrested,” Bernard said in an interview with NY1 Monday.
Police officials later said the arrest was tied to terrorism charges, stemming from a separate protest days earlier where demonstrators took to the subway tracks at an Upper East Side station.
But in fact, Bernard was charged only with two misdemeanor counts of trespass and obstructing governmental administration, which were later dismissed.
“After being released, finding out the following day that my information had been released to the media, including my address and where I live, claiming that I was wanted for terrorism,” she said. “I was shocked. I was just, like, absolutely shocked.”
She has now filed a federal lawsuit against top city officials including Mayor Eric Adams, who that night told a reporter police had found a Molotov cocktail.
“What was found at the scene was a Molotov cocktail,” he said. “What were they planning on doing with that? Agitators that come from outside our city with Molotov cocktails? We should all be concerned about that.”
A separate man was later charged in connection with the Molotov cocktail.
Bernard, an activist who has been publicly critical of police, says the NYPD effectively put a target on her.
“She had to make serious decisions,” her attorney MK Kaishian said. “Including changing the location where her and her children were sleeping, often moving, receiving treatment — both physical and mental health treatment.”
Bernard’s lawsuit frequently refers to Daniel Penny, the man who choked Neely to death and was not initially arrested or charged.
“It’s a really striking example of the way that Ms. Bernard was treated and her fellow demonstrators were treated, versus the way a person was treated after they were videotaped killing someone on the subway,” Kaishian said.
Penny was ultimately charged with second-degree manslaughter and criminally negligent homicide and will face trial this fall.
The New York City Law Department had no response Monday other than to say it will review Bernard’s lawsuit.