Complaint #200105773,
July 27, 2001

Officer: Mcginn, Brian
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 35-39
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Martinez, Irma
Complainant: Hispanic Female
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 35-39
Allegation: Force: Gun as club
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Mcginn, Brian Abuse of Authority: Premises entered and/or searched Exonerated
Unknown Officer Hispanic Male, 35-39 Force: Physical force Exonerated
Martinez, Irma Hispanic Female Force: Physical force Exonerated
Unknown Officer Hispanic Male, 35-39 Force: Gun as club Unfounded

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Summary

The couple alleged that at approximately 8:45 AM, six to seven officers in plainclothes entered their apartment and began to punch and kick [redacted] [redacted] alleged that an officer threw her on the bed when she tried to help her husband.
[redacted] was treated at [redacted] There, he told the medical staff that "he was hit by police officers" (Enclosure 6A - B).
At the hospital, [redacted] was interviewed by IAB investigators (Enclosure 7). He indicated that six plainclothes officers broke into his apartment at approximately 9:00 AM. One of the officers immediately hit him with a police protective shield in the face and his nose began to bleed. The same officer wrestled [redacted] to the ground and handcuffed him. As he lay face down on the ground, handcuffed, five other officers proceeded to kick him several times on his right leg and lower back area. The officers asked him where the drugs were. [redacted] indicated that his wife and another female, [redacted] were also present in the apartment. After searching the apartment, the officers only found a crack pipe and informed [redacted] that he would not be arrested. After the officers left, [redacted] began experiencing pain in his leg and lower back, thus he asked his friend, [redacted] to call an ambulance. Read report for details.


Details

Incident: July 27, 2001
Received: August 2, 2001
Closed: September 10, 2002

Reason for contact: Report-possession/sale of narcotics
Location: Apartment/house
In NYPD 70th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: John Fanizzi, Thomas Fraumeni, Timothy Lee, Francis Loporto, Kenneth Mcginn, Paul Tacconi