Complaint #200609791,
July 22, 2006

Officer: Famiano, James
Complainant: Black Male, 35
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unsubstantiated
Officer: Famiano, James
Complainant: Black Male, 35
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unsubstantiated
Officer: Famiano, James
Complainant: Black Male, 35
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Famiano, James
Complainant: Black Male, 35
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Famiano, James
Complainant: Black Male, 35
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Famiano, James Black Male, 35 Discourtesy: Word Unsubstantiated
CCRB Investigator Recommendation: Exonerated
Famiano, James Black Male, 35 Force: Hit against inanimate object Unsubstantiated
Famiano, James Black Male, 35 Force: Physical force Unsubstantiated
Famiano, James Black Male, 35 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Famiano, James Black Male, 35 Abuse of Authority: Search (of person) Unsubstantiated

Conclusion Meanings:

'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

[redacted] stated that PO Famiano struck his head against a wall without provocation, which caused him to lose consciousness for at least thirty seconds. However, [redacted] himself testified that the paramedics who transported him to the hospital did not believe that he was injured and his medical records do not indicate that he lost consciousness. [redacted]
PO Famiano stated that [redacted] resisted arrest and that he had to forcibly handcuff [redacted] but [redacted] was not charged with resisting arrest and his arrest report does not indicate that force was used. In addition, [redacted] went to the hospital that night and was diagnosed with an injury to his head. [redacted]
[redacted] added that on 8-24-06, he approached PO Famiano and asked for his name. He alleged that PO Famiano refused to provide the information, and then pushed him and searched him. [redacted] did not provide the names of any witnesses to the incident and PO Famiano had no memo book entries regarding [redacted] on that date. [redacted] Read report for details.


Details

Incident: July 22, 2006
Received: July 26, 2006
Closed: March 1, 2007

Reason for contact: Other
Location: Street/highway
In NYPD 5th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Christopher Cheng, Dwayne Watson