Complaint #200804910,
March 21, 2008

Officer: Daughtry, Kaz
Complainant: Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Rafferty, John
Complainant: Male, 27
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Hardell, Thomas
Complainant: Male, 27
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Hardell, Thomas
Complainant: Male, 27
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Daughtry, Kaz Male, 27 Force: Physical force Unsubstantiated
Rafferty, John Male, 27 Abuse of Authority: Vehicle stop Unsubstantiated
Hardell, Thomas Male, 27 Abuse of Authority: Threat of arrest Exonerated
Hardell, Thomas Male, 27 Abuse of Authority: Search (of person) 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 March 21, 2008 around 4:45pm, [redacted] was in his friend [redacted]s car, when they were pulled over by an unmarked black Impala at 56th Street and Avenue H in Brooklyn. An officer, identified through the investigation as Lt. John Rafferty of the 73rd Precinct, approached the driver's side and asked for [redacted]s license and registration (Allegation A).
An officer, identified through the investigation as PO Thomas Hardell of the 73rd Precinct, approached the passenger's side. [redacted] had his phone in his left hand and PO Hardell yelled to [redacted] "Shut your phone off." PO Hardell told [redacted] to give him his phone and [redacted] refused. PO Hardell grabbed [redacted] by the wrist, and [redacted] tried to pull away. PO Hardell and an officer, identified through the investigation as PO Kaz Daughtry of the 73rd Precinct, opened the car door and pulled [redacted] out by the front of his shirt. PO Hardell allegedly searched [redacted]s left front pants' pocket (Allegation B). PO Hardell told [redacted] he would be taken to jail because he refused to obey orders (Allegation C). [redacted] turned around and placed both hands behind his back. PO Daughtry cuffed his right hand and allegedly punched him in his lower ribs on his left side and elbowed him in his back and side. PO Daughtry cuffed his left hand, and allegedly kneed him in the back five or six times (Allegation D). [redacted] was transported to the 73rd Precinct. PO Daughtry issued him a summons for disorderly conduct and he was released.
[redacted] called 911 and requested an ambulance, complaining of back pain. He was taken to [redacted] Hospital where he was issued ibuprofen. Read report for details.


Details

Incident: March 21, 2008
Received: April 7, 2008
Closed: October 14, 2008

Reason for contact: Other
Location: Street/highway
In NYPD 63rd Precinct Brooklyn
Outcome: Summons - disorderly conduct