New lawsuit accuses Lincoln Police sergeant of choking woman during 2023 arrest

LINCOLN, Neb. (KLKN) — A Lincoln Police sergeant is facing a lawsuit alleging excessive force during an arrest.

In a lawsuit filed on Wednesday, 37-year-old Nicole Birkes accuses Sgt. Jeffrey Urkevich of choking her out while she was being arrested at a northwest Lincoln lounge in September 2023.

On that night, Birkes pulled two knives on someone she knew at Steve O’s near Highway 34 and West Fletcher Avenue.

According to court documents, she also headbutted the victim, breaking his nose.

When officers arrived, they found Birkes standing on the sidewalk in front of the bar with her hands at her side and her head down, according to the lawsuit.

She wouldn’t listen to the officers when she was told to lay on the ground, so they used a Taser on her.

According to the lawsuit, Birkes was then strapped to a gurney after receiving medical attention.

While strapped to the gurney, she became upset that she wasn’t able to make a call to arrange for the care of her dogs, the lawsuit says.

Urkevich responded by putting a hood over her head and face, according to the lawsuit.

As he did so, Urkevich strangled Birkes in “common fashion,” pressing his hand up against her throat and restricting her breathing, the lawsuit says.

The suit says an audio recording reveals Birkes pleading, “You’re choking me.”

A paramedic nearby told Urkevich, “you don’t have to do that,” according to the court filing.

Birkes pleaded guilty to terroristic threats for her actions that night.

The lawsuit says Urkevich’s actions meets the elements of an assault by strangulation, carrying a sentence of up to three years in prison.

According to the lawsuit, Birkes had to pay more than $18,000 in medical expenses and $20,000 in therapy as a result of being strangled.

She is asking for a jury trial.

A city spokesman said he could not comment on pending litigation.