Complaint #200409188,
August 31, 2004

Officer: Stolzer, Michael
Complainant: White Male, 63
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Monahan, Terence
Complainant: White Male, 31
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Miscellaneous
Officer: Monahan, Terence
Complainant: White Male, 63
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Miscellaneous
Officer: Stolzer, Michael
Complainant: White Male, 63
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: White Male, 60-64
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: White Male, 60-64
Allegation: Force: Handcuffs too tight
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Board Conclusion
Stolzer, Michael White Male, 63 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Monahan, Terence White Male, 31 Abuse of Authority: Retaliatory arrest Miscellaneous
CCRB Investigator Recommendation: Unsubstantiated
Monahan, Terence White Male, 63 Abuse of Authority: Retaliatory arrest Miscellaneous
CCRB Investigator Recommendation: Unsubstantiated
Stolzer, Michael White Male, 63 Force: Physical force Exonerated
Unknown Officer White Male, 60-64 Abuse of Authority: Refusal to obtain medical treatment Unfounded
Unknown Officer White Male, 60-64 Force: Handcuffs too tight 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

[redacted] saw in "News Day" that there was a scheduled protest on August 31, 2004 that would start at the World Trade Center (WTC) at 4:00 p.m. [redacted] decided to attend. [redacted] got off of the subway at the PATH Station at 3:57 p.m. and walked toward the WTC so that he could join the march. Officers directed [redacted] to get on the northern Fulton Street sidewalk. [redacted] complied and was immediately surrounded by police on bicycles. Quickly officers penned in the people on the northern Fulton Street sidewalk by placing orange netting around the perimeter. Next, all 227 people inside the netting, including [redacted] were arrested for disorderly conduct and parading without a permit (Allegation A). [redacted] never heard any orders to disperse and he was confused as to why he was being arrested. An officer whom [redacted] could not identify handcuffed [redacted] [redacted] told this officer that he needed medical attention. [redacted] believes that the officer purposefully handcuffed him more tightly because of his request for medical attention (Allegation C). The officer did not respond to [redacted] s request for medication (Allegation D). [redacted] asked several other officers at the WTC and later at Pier 57 for his medicine and these officers did not grant his request either (Allegation D). Later that evening, [redacted] s arresting officer, PO Jason Stewart, gave [redacted] his medication. Once at Pier 57, [redacted] was also asked if he wanted to go to the hospital. [redacted] decided not to go the hospital because he wanted to be released as soon as possible.
[redacted] like [redacted] is complaining of being arrested (Allegation B). [redacted] stated that he road the police bus with [redacted] said that while the bus was moving, [redacted] stood up and told PO Stoltzer loudly and in an agitated manner, "these cuffs are too tight, take them off, take them off, loosen them." PO Stoltzer said to [redacted] "It is not going to happen, I am not going to loosen your cuffs, so sit down and... Read report for details.


Details

Incident: August 31, 2004
Received: September 20, 2004
Closed: March 9, 2006

Reason for contact: Demonstration/protest
Location: Street/highway
In NYPD 1st Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Jorge Caraballo, Leslie Chan, Christophe Delsante, Thomas Galati, James Griffin, Miguel Gutierrez, Charles Harnan, Josh Lewis, Terence Mcmenamy, Sean Oconnor, Brian Rickli, James Shea, Joseph Sitro, Thomas Spitzfaden, Jason Stewart, William Tracey, John White