Complaint #200408566,
August 29, 2004

Officer: Stanley, Brian
Complainant: Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Sciacca, Gaspar
Complainant: Male, 27
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unsubstantiated
Officer: Stanley, Brian
Complainant: Male, 27
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Stanley, Brian
Complainant: Male, 27
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Unsubstantiated
Officer: Cahill, Matthew
Complainant: Male, 27
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Stanley, Brian
Complainant: Male, 27
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Stanley, Brian
Complainant: Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Cahill, Matthew
Complainant: Male, 27
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Stanley, Brian Male, 27 Force: Physical force Unsubstantiated
Sciacca, Gaspar Male, 27 Force: Hit against inanimate object Unsubstantiated
Stanley, Brian Male, 27 Abuse of Authority: Question and/or stop Exonerated
Stanley, Brian Male, 27 Abuse of Authority: Retaliatory summons Unsubstantiated
Cahill, Matthew Male, 27 Abuse of Authority: Search (of person) Exonerated
Stanley, Brian Male, 27 Abuse of Authority: Question and/or stop Exonerated
Stanley, Brian Male, 27 Force: Physical force Unsubstantiated
Cahill, Matthew Male, 27 Abuse of Authority: Frisk 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.
'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.


Summary

This complaint stems from protests that occurred during the Republican National Convention held in New York City from August 29 to September 2, 2004. The protests and the convention received extensive press coverage. As such, the case was determined to be sensitive and placed on the agency's sensitive case list. On August 29, 2004, [redacted] was walking near 7th Avenue between 32nd and 33rd Street. He walked through an open gap between two police barriers without realizing that he was entering a restricted area for the Republican National Convention. Three officers—PO1, PO2 and PO3—approached and stopped him (Allegation A). Along with a secret service agent, they questioned him for about 15 minutes. Ultimately, he was cleared to leave. As he walked away, he engaged in a brief argument with PO1 and said, "Fuck you," to this officer. PO1 and another officer then grabbed [redacted] and threw him against a parked sanitation truck. PO1 then handcuffed [redacted] and walked him to the corner of 7th Avenue and 33rd Street where he allegedly slammed [redacted]'s face into a jersey bumper (Allegation B). PO2 then grabbed [redacted]'s handcuff chain and lifted it up, causing pain to [redacted]'s arms (Allegation C). PO1 issued [redacted] a summons for disorderly conduct and [redacted] left (Allegation D). Five hours later, and after [redacted] had filed a complaint at the Midtown South stationhouse, [redacted] returned to the same intersection. PO1 stopped him, handcuffed him and led him back into the restricted area (Allegation E). When [redacted] complained of the pain to his wrists from having been previously handcuffed, PO1 grabbed his arm and lifted it up (Allegation F). PO3 frisked [redacted] (Allegation G). Then, he removed [redacted]'s cell phone and opened it up (Allegation H). After PO1 consulted with a commanding officer, the officers released [redacted].
The investigation identified PO1 as PO Brian Stanley, PO2 as PO Gaspar Sciacca and PO3 as PO Matthew Cahill. [redacted] Read report for details.


Details

Incident: August 29, 2004
Received: September 1, 2004
Closed: January 23, 2006

Reason for contact: Demonstration/protest
Location: Street/highway
In NYPD Midtown South Precinct Manhattan
Outcome: Summons - disorderly conduct

Witness Officers: Christophe Dantoni, Brian Johnson, Karen Murphyconway, Jason Rubenstein