Lawsuit claims NYPD officers assaulted child in case of mistaken identity


Attorney James D. Henning of the Law Offices of James Henning & Associates PLLC | The Law Offices of James Henning & Associates PLLC

A parent has filed a lawsuit against the City of New York and two police officers, alleging a case of mistaken identity that led to the unlawful detention and assault of her child.

The complaint, filed by plaintiff Naima Russell, names Detective Patrick J. Burnett and Officer Frederick E. Alleyne in both their individual and official capacities. The case arises from a June 3, 2025, incident in which NR, a Black child under Russell’s guardianship, was allegedly detained by two men in civilian clothing while walking to meet a friend at a subway station. The men were later identified as NYPD officers Burnett and Alleyne, who reportedly mistook NR for a mentally ill adult they were searching for. According to the complaint, the officers failed to identify themselves or explain their actions before forcibly taking NR into an unfamiliar building. Despite NR’s protests and cries for help, the officers allegedly used excessive force until Russell arrived at the scene.

The lawsuit accuses the City of New York and its police department of maintaining a culture that allows such incidents to occur. The complaint cites reports and prior lawsuits alleging unconstitutional stops and excessive force by NYPD officers, arguing that these practices are sufficiently widespread to suggest tacit approval by city officials.

Russell seeks compensatory damages for physical pain, mental anguish, emotional distress, and economic losses incurred while caring for NR after the incident. She also seeks punitive damages against Burnett and Alleyne, along with attorney fees.

The plaintiff is represented by James D. Henning of the Law Offices of James Henning & Associates PLLC. The case was filed in the United States District Court for the Eastern District of New York under Case ID 1:25-cv-06034.

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Lawsuit claims NYPD officers assaulted child in case of mistaken identity

A parent has filed a lawsuit against the City of New York and two police officers, alleging a case of mistaken identity that led to the unlawful detention and assault of her child.


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