SAN JOSE -- Bryanna Berry filed a federal complaint on October 29 in the Northern District of California against the City of San Jose, Officer Lindsay Parodi and Does 1-25 for excessive force, unlawful detention, false arrest, Malicious Prosecution, violation of the First Amendment and Monell Claim.
According to the complaint, on Nov. 2, 2019, a group of Berry's friends arranged for a surprise birthday celebration in San Jose. Berry's friend Donna Jackson drove Berry to San Jose and stopped at a gas station.
Berry alleges that a San Jose police cruiser pulled into the station behind the car and officers Clare Johnson and Lindsay Parodi exited the vehicle. Berry and Jackson had not yet exited the vehicle they were in when the two officers approached, the suit says.
Both Berry and Jackson provided their information to the officers, the suit says, but Parodi allegedly began yelling at Berry to exit the vehicle and would not respond as to the reason for the request.
Berry alleges she had nothing in her hands except the phone with which she was recording the incident. Parodi allegedly reached into the passenger window, unlocked and opened the door and applied a pain compliance hold on Berry’s right wrist.
Parodi allegedly pulled Berry from the vehicle and threw her on the concrete ground as Berry alleges begging for her to stop using violence. Parodi allegedly continued to use a pain compliance hold on her wrist and arm and continued to strike her with her fist and elbows, then placed her knee on Berry's neck and put her in handcuffs. Berry alleges that Parodi even contacted and threatened her elderly mother, who lives in Texas, causing even greater fear, embarrassment, and humiliation.
Berry complained of pain and was taken to a local hospital for assessment and treatment. Berry alleges during that time, Parodi continued to mistreat her and behave in an abusive and inappropriate manner and engaged in unnecessary, unwanted, and inappropriate touching of Berry's body. Berry alleges that she was detained and upon release, Parodi created a police report which falsely accused, but did not charge, her of being in San Jose for the purposes of prostitution. Berry alleges she was racially profiled due to her being African American and dressed up for her birthday party.
Berry seeks compensatory damages, general damages, special damages, pre and post-judgment interest, cost of suit and attorney fees. Berry is represented by Frederick J. Geonetta.
U.S. District Court for the Northern District of California case number 5:21-cv-08436-VKD