NYPD Used Instagram To Stalk BLM Protester, Lawsuit Says

NEW YORK CITY — Two days after Nicolle Besuden was arrested at a George Floyd solidarity protest, Deputy Inspector Elias Nikas approached her in the street and asked a terrifying question, a new lawsuit contends.

Nikas wanted to know, just hours after Besuden posted pictures of the seaside to Instagram, “How was the beach?”

Besuden, 33, has accused the NYPD of tracking her movements in the streets of New York and on social media in retribution for her continued participation in public protests, court records show.

Besuden’s attorney Tahanie Aboushi said the encounter with Nikkas —whose name is among 65 NYPD members with confirmed misconduct complaints linked to George Floyd protests — raises serious concerns about police surveillance of political protesters, who may be protected by statutes implemented decades before social media existed.

“He intended to intimidate her, to harass her, to let her know she is being watched,” said Aboushi.

“I’ve handled many cases against the NYPD, but we've never come across this.”

NYPD spokesperson Sergeant Edward Riley said in an email the department would not comment on pending litigation.

Besudin first became aware of the NYPD’s surveillance in August 2020 when an officer she’d had never seen before approached her in Washington Square Park and said, “Time to go, Nicky.”

Police officers repeatedly called Besuden by her name and commented to her about her social media posts in the months that followed, according to the complaint.

Besuden was arrested at an October 2020 protest at the behest of an NYPD captain – after she posted video of him puffing on a cigar — and about week later was told by another officer, “We all loved your video of Delgado,” the suit says.

When Besuden asked police why she was so well known to them, they said, “Your picture is on all of our desks” and “Every officer knows your f---ing name."

It remains unclear whether the behavior alleged in the lawsuit violates city rules limiting police surveillance, Besuden’s attorney said.

According to the Handschu Agreement — the settlement of a 1971 class action suit brought on behalf of the Black Panther Party against the NYPD — police are prohibited from tracking political groups and individuals without specific evidence of a crime.

Investigations must be conducted by the NYPD Intelligence Bureau, who are required to report to an oversight committee.

This is not the first time police action during the George Floyd protests raised questions about the NYPD’s adherence to Handschu.

The New York Civil Liberties Union reported in 2020 that protesters arrested for violating curfew were asked, “Are you with anarchist groups?” and “Are you in Antifa?”

What complicates Besuden’s case is the police’s alleged surveillance of her social media content, which Aboushi likens to garbage left outside a person's home – it may be personal but it’s fair game for a police search.

“This creates a unique circumstance,” Aboushi said. “What makes it different in this case is context.”

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The complaint — filed Oct. 13 in Manhattan Federal Court — also charges the NYPD with excessive force and false arrest, court records show.

Charges against Besuden in protest-related arrests have been dropped by courts four times, including an arrest at the headline-making rally where a Queens woman rammed her car into a crowd of people, according to Besuden’s attorney.

Besuden was accused of stopping an emergency responder from aiding a protester but, in an email to Gothamist, said she’d been trying to help a panicking friend who needed space, adding, "I would never stop medical professionals from assisting an injured person.”

Besuden’s arresting officer at a Murray Hill protest allegedly mocked her for crying and added, “If you don't want to get run over, then don't go out protesting,” according to the lawsuit.

The 33-year-old contends the NYPD’s surveillance was coupled with acts of brutality that include one officer fracturing her elbow with a baton, another putting her in a headlock, and at least four police officers jumping on her back, law papers show.

“[Besuden] screamed many times that she could not breathe and was in pain,” the lawsuit states. “After keeping [Besuden] in a compromising and painful position for several minutes, she was lifted off of the ground and carried into a police van.”

When Besuden arrived at the precinct, following an arrest on Oct. 26, the suit contends she was immediately recognized by officers at the front desk.

“Welcome, Nicky,” they said.

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