Man Bloodied During Harlem Traffic Stop To Sue NYPD, Lawyer Says

HARLEM, NY — A man who was bloodied during a traffic stop in Harlem, receiving 12 stitches to his close a wound on his face, is planning to sue the NYPD for $14 million, his lawyer told Patch.

Criminal defense attorney Elliot Kay filed a notice of claim to sue the NYPD on behalf of 20-year-old Harlem resident Kevin Diaby, his sister Fatou Diaby and bystander Christopher Johnson who were all arrested in connection to a July 9 traffic stop that devolved into a chaotic, violent scene in Harlem. The notice of claim is a precursor to an eventual lawsuit thay may be filed in the coming months, Kay told Patch.

Diaby was pulled over Tuesday night near the intersection of Fifth Avenue and 130th Street. A crowd formed near the traffic stop and many bystanders began to record police on their phones when police accused Diaby of driving without a license, insurance or registration, Kay said.

Video from the arrest shared by activist Hawk Newsome shows police, including a supervisor in a white shirt, shoving both Kevin and his sister Fatou as they stand near the car and then tackling Kevin to the ground. The video shows a police officer punch Kevin in the head while he's on the ground.

"There are people pulling out their cameras, and some people are yelling at the police but under no circumstance were the police justified in tackling Kevin and while he's already pinned down punching him in the face repeatedly," Kay said.

Kay said that police claims that Diaby's car had no insurance or registration were disproved and that he believes Kevin has a learners permit and was driving home after dropping off a friend with a valid license. Kevin, Fatou and Johnson were arrested for charges such as resisting arrest and obstructing governmental administration, but the Manhattan District Attorney declined to prosecute them for any crimes.

Police said that Kevin, Fatou and Johnson were arrested because they refused orders to step away from their vehicle and attempted to grab belongings from inside the car. Police at the scene were wearing body cameras.

The NYPD has also opened an internal investigation into the actions of the arresting officers, NYPD Spokeswoman Sergeant Mary Frances O’Donnell said in a statement.

The family's lawsuit against the NYPD will be for $14 million in damages, Kay said. Of the damages, $10 million are on behalf of Kevin, $3 million are on behalf of Fatou and $1 million is on behalf of Johnson. The lawyer said that he is waiting for more medical records, but base on preliminary information Kevin suffered a gash to his face that required 12 stitches and is complaining of neck and back pain, Fatou is suffering from pain to her hands and wrists and Johnson is suffering pain to his back.

"Nobody arrested neither Kevin nor his sister nor their friend have any type of record. They're good people that were treated horribly," Kay told Patch.