Complaint #200402202,
March 5, 2004

Officer: Rubenstein, Jason
Complainant: White Male, 44
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Neilson, George
Complainant: White Male, 44
Allegation: Offensive Language: Sexual orientation
CCRB Conclusion: Unfounded
Recategorized as: Offensive Language: Other
Officer: Neilson, George
Complainant: White Male, 44
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Neilson, George
Complainant: White Male, 44
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Rubenstein, Jason White Male, 44 Discourtesy: Word Unfounded
Neilson, George White Male, 44 Offensive Language: Sexual orientation Unfounded
Recategorized as Offensive Language: Other on December 9, 2024
Neilson, George White Male, 44 Discourtesy: Word Unfounded
Neilson, George White Male, 44 Abuse of Authority: Threat of arrest Exonerated

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

According to [redacted] there were three police vehicles parked in front of the Hyatt on 42nd Street blocking the flow of westbound traffic on 42nd Street: a marked van parked beside the curb and two police cruisers beside it in the middle and center lanes. [redacted]'s passengers, who were on their way to Grand Central, requested to exit the cab and [redacted] permitted this. The police vehicle in the middle lane then pulled out of the middle lane and [redacted] pulled his cab forward in order to ask a couple of uniformed officers standing by the marked van if 42nd Street were closed. He spoke to PO1, whose name he obtained from nameplate and the summons and whom he described as a youngish, White male with dark hair (fade cut) and mustache, approximately 6'2" with a skinny-medium build and wearing eyeglasses. PO1 repeatedly used profanity, specifically "fuck," throughout their interaction. He asked PO1 if the street were closed and PO1 responded, "back the fuck up now." [redacted] then said, "what?" and PO1 responded, "you back the fuck up now, scumbag." [redacted] stated that he was only asking whether the street were closed, to which the officer responded, "and I'm telling you to back the fuck up now." [redacted] complained to the officer about his tone of voice and profanity, to which the officer responded, "you're about to get tickets written up your ass.” In his formal statement, [redacted] alleged that PO1 said, "I'll write your faggot-ass some tickets out the wazoo, pull the fuck over, I'm going to fuck you up now."
[redacted] pulled over and PO1 approached the vehicle, demanding his hack license and registration. [redacted] had difficulty getting the items but eventually handed them over to the officer. He admitted to speaking to the officer in a sarcastic tone. Once he provided his information to the officer, [redacted] then “remonstrated” with the officer, only to have PO1 respond, “shut the fuck up." [redacted] responded, "I will not shut up unless I went back in time, died, and woke up in the... Read report for details.


Details

Incident: March 5, 2004
Received: March 10, 2004
Closed: September 21, 2004
Last Updated: December 11, 2024

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD Midtown South Precinct Manhattan
Outcome: Other VTL violation summons issued

Witness Officers: Thomas Buzzitta