Complaint #200717869,
December 1, 2007

Officer: Galati, Frank
Complainant: Hispanic Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 40-44
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Lipetri, Michael
Complainant: Hispanic Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Lipetri, Michael
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Sbarra, Daniel
Complainant: Hispanic Female, 39
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Exonerated
Officer: Galati, Frank
Complainant: Hispanic Male, 41
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Galati, Frank Hispanic Male, 41 Force: Physical force Exonerated
Unknown Officer Hispanic Male, 40-44 Abuse of Authority: Property damaged Exonerated
Unknown Officer Hispanic Male, 40-44 Discourtesy: Word Officer(s) Unidentified
Lipetri, Michael Hispanic Male, 41 Force: Physical force Exonerated
Lipetri, Michael Abuse of Authority: Premises entered and/or searched Exonerated
Sbarra, Daniel Hispanic Female, 39 Abuse of Authority: Strip-searched Exonerated
Galati, Frank Hispanic Male, 41 Discourtesy: Word 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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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] was in his bedroom at [redacted] in Brooklyn on December 1, 2007 at 6:00am when he heard banging on his front door. Twelve officers from Narcotics Borough Brooklyn North, under the supervision of Cpt. Michael Lipetri, entered [redacted] residence pursuant to a search warrant (Allegation A). Several officers instructed [redacted] to move back and get on the ground. After he moved back, the officers entered into his residence to secure the premises. Cpt. Lipetri attempted to handcuff [redacted] refused to provide his hands and both men struggled on the ground. Det. Frank Galati assisted Cpt. Lipetri, and both officers pulled on [redacted] arms until they successfully applied handcuffs (Allegations B and C). [redacted] further alleged that Det. Galati kicked his arm (Allegation C, cont'd.) and said, "Put your hands behind your fucking back." (Allegation D) After [redacted] was handcuffed, he was moved to the kitchen. When [redacted] complained that his arm hurt, an officer allegedly told him, "I don't give a fuck." (Allegation E). [redacted] informed the officers that he was having trouble breathing due to asthma. Officers requested an ambulance which responded in several minutes. Det. Matthew Savage and Det. Robert Livingston accompanied [redacted] to the hospital. The remaining officers stayed and searched [redacted]. During the course of the search, officers allegedly used a sledgehammer to open a safe belonging to [redacted] and damaged other items that were thrown about, including picture frames (Allegation F). [redacted], his wife, [redacted] as well as his daughter, [redacted] were placed under arrest and transported to the 81st Precinct stationhouse, where Sgt. Daniel Sbarra directed PO Tanisha Phillips to strip search both of them (Allegation G). [redacted] Read report for details.


Details

Incident: December 1, 2007
Received: December 12, 2007
Closed: August 27, 2008

Reason for contact: Execution of search warrant
Location: Apartment/house
In NYPD 81st Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: William Dean, James Delumen, Andrew Erato, Fawad Khan, Shane Killilea, Robert Livingston, Tanisha Phillips, Matthew Savage