BUFFALO, N.Y. — A Buffalo mother is suing the City of Buffalo and two police officers, alleging excessive force and battery after her 14-year-old son was arrested following a crash last May.
Bystander video and officer-worn body camera footage show officers Alexander Brennan and Joshua Kaczmarek detaining Rasheen Newkirk on May 10, 2025, at the Eggert Road entrance to Route 33.
Officers were responding to a call regarding a stolen vehicle and a crash. Newkirk was a passenger in the back of the stolen car. His attorney, Mark Overall, says that is not in dispute. But what happened moments after the crash is the subject of the lawsuit.
Police-worn body cam footage appears to show officer Brennan repeatedly punching Newkirk as the teenager is held over the hood of the vehicle. Brennan's own body camera also captures Kaczmarek appearing to strike the teenager during the detainment.
"They proceeded to punch him repeatedly in the face despite him not resisting or offering any force of violence against the officers," Overall said. "This was a very, very, very unnecessary use of force. It was excessive."
WATCH: Buffalo mother sues city, police officers over son's arrest, alleging excessive force
Overall says Newkirk was taken to Erie County Medical Center after the arrest and treated for a broken nose.
Newkirk's mother, Tomisha Mack, filed the lawsuit on behalf of her son, who is now 15-years-old. She says she wants "justice and accountability" and is seeking $300,000 in damages. Mack recalled her reaction to her son's injuries.
"Just disappointed. Disappointed in the people we look up to to protect and to serve us," Mack said.
Overall says the lawsuit is the result of failed talks with the city as part of the notice of claim proceedings. He said he submitted a demand followed by a revised demand on behalf of the family.
"They [the city] came back and said, 'You know what? We're not gonna do anything' and that's what we're most frustrated about. This [incident] is not in dispute. It's captured. You have witnesses. You haven't even acknowledged whether or not the officers have been disciplined yet," Overall said.
The city did not confirm whether the Buffalo Police Department has opened an Internal Affairs investigation in connection with the incident. The city responded in an email: "We don't comment on active litigation."
