Complaint #200411152,
September 25, 2004

Officer: Maloney, Kevin
Complainant: Male, 38
Allegation: Force: Physical force
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Maloney, Kevin
Complainant: Male, 38
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Maloney, Kevin
Complainant: Male, 38
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Board Conclusion
Maloney, Kevin Male, 38 Force: Physical force Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Maloney, Kevin Male, 38 Discourtesy: Word Unsubstantiated
Maloney, Kevin Male, 38 Force: Hit against inanimate object Substantiated (Charges)

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.


Penalty

Maloney, Kevin
No Disciplinary Action-DUP
No penalty

Summary

[redacted]'s chief complaint to paramedics was, "I cut my head." [redacted] complained of lacerations to his head that were sustained "due to resisting arrest." He also admitted to shooting one bag of heroin earlier in the day of September 25, 2004. [redacted] also stated to [redacted] that he was "beaten up by PD and head hit against ground."
[redacted] was interviewed at Riker's Island, on November 29, 2004. On September 25, 2004, at approximately 6:00 PM, [redacted] was sitting in the back seat of a car with a friend, whose name he did not recall, and another woman, [redacted] As the three were sitting in the car, police approached. [redacted] was under the impression that the car was stopped by the police because it was reported stolen. [redacted] did not know that it was a stolen car. Upon being approached by the police, the unknown driver of the car ran from the police. [redacted] did not know whether he was arrested or not. [redacted] and [redacted] were searched at the scene during which [redacted] was found to have a knife. [redacted] was on parole and so he did not try to resist being arrested, knowing that it would "just make things worse."
As he and [redacted] were being placed under arrest, a sergeant was called to the scene. [redacted] identified the sergeant as "Sgt. Malone." This officer was identified in the IAB referral as Sgt. Kevin Maloney. Shortly after Sgt. Maloney arrived at the scene, [redacted] was taken to the 52nd precinct. Upon arriving at the 52nd Precinct, Sgt. Maloney brought him before the desk inside the station house. [redacted] had been before the desk at the station house for only a few minutes when [redacted] told Sgt. Maloney about a bag of his belongings (containing shirts, a cell phone and a Gameboy) that he wanted from the vehicle that had been stopped. Sgt. Maloney stated, "fuck you, I ain't getting you nothing." [redacted] replied, "fuck you" and Sgt. Maloney responded, "Who the fuck do you think you are disrespecting me in my house?" [redacted] stated that [redacted]... Read report for details.


Details

Incident: September 25, 2004
Received: November 9, 2004
Closed: June 13, 2005

Reason for contact: Other
Location: Police building
In NYPD 52nd Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Thomas Black, Noelle Cunningham, Daniel Delgado, Michael Hernandez, Joseph Mulligan