Lawsuit: Miami Beach police officers used excessive force on woman
MIAMI - A New York woman and her attorneys are speaking out alleging she was attacked while vacationing in Miami Beach in July 2021.
Attorneys Sam Thypin Bermeo and Chad Piotrowski, say cell phone video and newly released body camera footage show their client, Mariyah Maple, 27, being pepper-sprayed by a member of Miami Beach Police Department.
Maple was visiting Miami from Buffalo. Her lawyers said Tuesday she was recording videos with friends when she noticed police activity and began recording cellphone video.
Soon thereafter, Maple was hit with a police bike and pepper-sprayed, all caught on camera.
Maple's legal team, says this all occurred because police claim she was in violation of ordinance 70-8. That ordinance reads, "It shall be unlawful for any person, after receiving a warning from law enforcement, to approach or remain within 20 feet of a law enforcement officer engaged in the lawful performance of any legal duty."
Attorney Thypin Bermeo claims there are many discrepancies in this case, which is why they filed a civil lawsuit against 8 officers and the City of Miami Beach. That lawsuit alleges officers used excessive force, malicious prosecution, and violated the first amendment.
The attorneys for Maple also reveal that there was an email sent out by the city attorney warning Miami Beach Police Department of a potential looming lawsuit after the initial cellphone video became public.
Maple's lawyer says both the arrest affidavit and incident report were inaccurate, claiming their client attacked officers. They say the video directly refutes that claim. Thypin Bermeo, also says there was a response to resistance (RTR) that was filed months after the initial incident, which isn't standard policy.
"Normally an officer, rather a lieutenant, is supposed to file a response to resistance report at the end of the shift but they didn't do that here," said Attorney Thypin Bermeo.
Mariyah Maple was seeking help after being pepper-sprayed and doesn't understand why any of this happened to her.
In a statement to CBS Miami, Maple gives us this statement, "Watching these videos and reliving this moment makes me sick to my stomach. These officers should have protected me. Instead, they attacked me and violated my rights."
The legal team for Maple says she was arrested and taken to Mt. Sinai Hospital before being taken into custody.
CBS Miami reached out to the City of Miami Beach and The Miami Beach Police Department, both say they cannot comment on pending litigation.
A criminal case against Mariyah Maple which found her in violation of ordinance 70-8, was dropped upon initial arraignment.
