Complaint #200717300,
November 29, 2007

Officer: Sullivan, Eugene
Complainant: Asian Male, 45
Allegation: Force: Physical force
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Quigley, Patrick
Complainant: Asian Male, 45
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Quigley, Patrick
Complainant: Asian Male, 45
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Dunne, Paul
Complainant: Asian Male, 45
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Sullivan, Eugene
Complainant: Asian Male, 45
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Quigley, Patrick
Complainant: Asian Male, 45
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Sullivan, Eugene Asian Male, 45 Force: Physical force Miscellaneous - Subject Resigned
Quigley, Patrick Asian Male, 45 Force: Pepper spray Exonerated
Quigley, Patrick Asian Male, 45 Force: Physical force Exonerated
Dunne, Paul Asian Male, 45 Force: Physical force Exonerated
Sullivan, Eugene Asian Male, 45 Abuse of Authority: Refusal to obtain medical treatment Miscellaneous - Subject Resigned
Quigley, Patrick Asian Male, 45 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated

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

On November 29, 2007 at approximately 7:30 PM, [redacted] was buying a pan for his wife in the basement of the Macys on 151 W. 34 Street. A male clerk, whom the investigation identified as [redacted] skipped [redacted] in line and asked him to wait in the other line. [redacted] argued with [redacted] and admitted to being very angry and loud. After a few minutes, he moved to the other line. While he was paying for his merchandise, [redacted] noticed a silver badge being held near his face on the left side. The plainclothes officer who was holding the badge, PO1, said, "Police." The investigation determined that PO Eugene Sullivan and PO Paul Dunne were the two officers who initially responded. However, the investigation, however, was unable to determine which of these officers was first tp approach [redacted] since [redacted] was unable to describe the officer. The officer took [redacted]'s right hand and held it to [redacted]'s side. When the officer attempted to bring [redacted]'s hand behind his back, [redacted] "didn't let him." [redacted] did not specify how he resisted. The second plainclothes officer approached and helped place [redacted]'s hand behind his back. The officers then pushed [redacted]'s head down on the cashier counter, handcuffed and pushed him to the ground (Allegations A, B and D). An officer, identified by the investigation as PO Patrick Quigley, pepper sprayed [redacted] while he was handcuffed and on the ground (Allegation C).
[redacted] told the officers that he felt sick. The officers guided him down the stairs to the street. The officers then took [redacted] to the 2nd Floor of Macys into the security locker. Inside the security locker, [redacted] yelled at the people who were walking by for water. [redacted] also stated that he was feeling dizzy, and he requested to go to the hospital, but not to anyone in particular (Allegations E and F). Nobody brought him water. An officer walked by and said, "I've called the ambulance." An officer took a photo of him. The officers told... Read report for details.


Details

Incident: November 29, 2007
Received: November 30, 2007
Closed: December 17, 2008

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Commercial building
In NYPD Midtown South Precinct Manhattan
Outcome: Summons - disorderly conduct

Witness Officers: George Droesch