A photography student at the School of Visual Arts in New York, Rene Berdugo, alleged in 2013 that West New York police punched and kicked him after he refused to show them identification while photographing a storefront in town. This past May, his complaint against the department was settled for $50,000.
The May 20 settlement was approved at the West New York Board of Commissioners Meeting on July 14.
According to the lawsuit, Berdugo was beaten on April 27, 2013, and police allegedly destroyed video evidence from his phone.
In the suit, he said he was taking pictures of a store near 62nd Street and Monroe Street when officers Marco Barrera, Hector Rodriguez, and others asked him for his I.D. The lawsuit alleges that after Berdugo questioned why he needed to show his I.D., the officers said he’d be arrested if he did not.
The photographer claimed he was punched and kicked, and that the video was deleted off his phone.
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The photographer began recording the encounter with the police on his phone, according to the lawsuit.
The lawsuit says some of the officers allegedly tried grabbing for his phone as the photographer walked backwards into the corner store. According to the lawsuit, some of the officers allegedly assaulted him with “unreasonable and excessive physical force specifically by punching and kicking him.”
The suit does not state why he was taking photos, or why the officers were there.
The photographer also alleged that the video recording was deleted from his phone, and that police took approximately $40 and a necklace without returning them.
Police director named
The lawsuit says that surveillance cameras caught the incident.
The lawsuit alleges that the police used excessive force and also complains of “failure to intervene” (which means the officers should have stopped the other officers from arresting or assaulting Berdugo), 1st Amendment retaliation, supervisor liability, and unlawful custom, practice, police/inadequate training.
Former Police Director Michael Indri was named in the suit because Indri was the supervisor in charge of the officers while Berdugo was assaulted and arrested.
The West New York Police Department did not respond to a phone call for comment last week.
Samantha Meyers can be reached at samantham@hudsonreporter.com.