Complaint #200307232,
August 26, 2003

Officer: Goldberg, Evan
Complainant: White Female, 32
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Substantiated (Charges)
Officer: Goldberg, Evan
Complainant: White Male, 39
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Unsubstantiated
Officer: Goldberg, Evan
Complainant: White Male, 39
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Unsubstantiated
Officer: Linder, Michael
Complainant: White Female, 32
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Substantiated (Charges)
Officer: Linder, Michael
Complainant: White Male, 39
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Unsubstantiated
Officer: Linder, Michael
Complainant: White Male, 39
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Goldberg, Evan White Female, 32 Abuse of Authority: Question and/or stop Substantiated (Charges)
Goldberg, Evan White Male, 39 Abuse of Authority: Retaliatory arrest Unsubstantiated
Goldberg, Evan White Male, 39 Abuse of Authority: Question and/or stop Unsubstantiated
Linder, Michael White Female, 32 Abuse of Authority: Question and/or stop Substantiated (Charges)
Linder, Michael White Male, 39 Abuse of Authority: Question and/or stop Unsubstantiated
Linder, Michael White Male, 39 Abuse of Authority: Retaliatory arrest Unsubstantiated

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Penalties

Goldberg, Evan
Command Discipline - A

Linder, Michael
Command Discipline - A

Summary

On 8/26/03 at about 6:30 p.m. [redacted] and [redacted] arrived at the Staten Island Mall to pick up their friend. [redacted] stopped the car in a no standing zone and PO Linder and PO Goldberg of the 122nd Precinct asked him to move. [redacted] argued for a moment, but then complied and parked in a valid spot. PO Linder and PO Goldberg followed [redacted] to the parking spot and asked him to wait and speak with them. [redacted] refused and walked toward the mall entrance. Meanwhile, the officers grabbed a hold of [redacted] by either arm and temporarily detained her until [redacted] returned. When [redacted] returned, the officers arrested him and called for back up. During the incident, several witnesses stopped to watch, two of them upset by the officers' actions, provided their names and contact information to [redacted] After [redacted] was under arrest, the officers discovered that he was driving with a suspended license. Both PO Linder and PO Goldberg argued that they approached [redacted] after he moved his car because he drove away recklessly and was not wearing his seatbelt. [redacted] and [redacted] believed the officers followed [redacted] because he made a negative comment upon pulling away or had an unfavorable attitude. [redacted] Read report for details.


Details

Incident: August 26, 2003
Received: September 18, 2003
Closed: November 1, 2004

Reason for contact: Parking violation
Location: Other
In NYPD 122nd Precinct Staten Island
Outcome: Arrest - resisting arrest

Witness Officers: Helene Arcuri, Louis Brinskelle, James Christensen, John Hagan, Sean Johnstone, James Mcglyn, Christophe Mcnicholas, Rory Migdol