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Tivia Leith of Massapequa files $30 million lawsuit alleging racial profiling by Nassau County Police

Nassau County mom says she was racially profiled, falsely arrested
Nassau County mom says she was racially profiled, falsely arrested 02:26

MASSAPEQUA, N.Y. - A Nassau County mother claims she was falsely arrested and racially profiled during a traffic stop. 

The officers were white. She is Black.

Nassau County Police are under U.S. Justice Department supervision to increase minority police hiring. The woman tells CBS2's Jennifer McLogan her civil rights were violated. 

Tivia Leith of Massapequa has filed a $30 million lawsuit, alleging she was racially profiled when Nassau Police pulled her over last year on Sunrise Highway near Newbridge Road in Bellmore. 

"The police officer was at the right of me. I looked over. Our eyes met," Leith said. 

Leith had just picked up her 9-year-old son from school when she heard the lights and sirens. 

"I said 'Officer, is there a reason why you are pulling me over?' And he didn't give me an answer. He just told me to hold on," Leith said. 

She said she wondered if it was a safety check, or a training session. There were numerous officers. As they searched her car, she said her son was crying. 

"I was out there waiting in handcuffs until my son's father came to get my son," Leith said. 

"There is racial disparity in policing in Nassau County, dealing with people of color as if they were chattel," said attorney Frederick Brewington. 

Brewington displayed Nassau police charts. 

"For every one white person, 5.3 African Americans arrested, despite the fact numbers show they are about 10% of the population," Brewington said. 

As Leith was taken to the first precinct and strip searched, the suit alleges Nassau Police called state troopers for assistance. 

CBS2 requested comment, but have not heard back from either police force. 

But was the initial stop legitimate?

Leith previously had a bench warrant issued for her following a DWI arrest in 2020. That warrant was later vacated. 

"A phantom warrant. A warrant that did not exist, and for this she was strip searched and jailed, then transferred to New York state police, for what reason we don't know," Brewington said. 

"I felt embarrassed. I felt ashamed. I was confused," Leith said. 

There was no conversation among them about potential charges. While in the cell, she was issued two tickets that were later dismissed for inspection and license plate light infraction. 

"I had extreme anxiety. I didn't know what was going on. I was scared," Leith said. 

At 4 a.m. - 10 hours later - she was released. The officers drove her home. She claims they gave her no explanation, or apology. 

She says she and her son are undergoing counseling.

Leith claims she was told to file for a Freedom of Information Act request if she wants clarity on her arrest. 

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