Complaint #200811558,
June 7, 2008

Officer: Mcclusky, Matthew
Complainant: White Male, 25
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unfounded
Officer: Mcclusky, Matthew
Complainant: White Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mcclusky, Matthew
Complainant: White Male, 25
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer: Fontana, Vincent
Complainant: White Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mcclusky, Matthew
Complainant: White Male, 25
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Mcclusky, Matthew
Complainant: White Male, 25
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Mcclusky, Matthew White Male, 25 Abuse of Authority: Search (of person) Unfounded
Mcclusky, Matthew White Male, 25 Force: Physical force Exonerated
Mcclusky, Matthew White Male, 25 Abuse of Authority: Question Exonerated
Fontana, Vincent White Male, 25 Force: Physical force Exonerated
Mcclusky, Matthew White Male, 25 Abuse of Authority: Threat of arrest Exonerated
Mcclusky, Matthew White Male, 25 Abuse of Authority: Frisk 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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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 June 7, 2008, at approximately 1:00 AM, [redacted] was standing in front of 530 West 27th Street holding a clear cup of wine. He was approached by an officer, identified through the investigation as PO Matthew McClusky of the 10th Precinct, who asked him what was in his cup (Allegation A). PO McClusky then asked for [redacted] identification. [redacted] disputed PO McClusky's reasons for requesting his ID and an additional officer, identified through the investigation as Sgt. Vincent Fontana of the 10th Precinct, responded to the scene. PO McClusky grasped [redacted] arm, twisted it behind his back and pushed him against a wall (Allegation B). [redacted] alleged that Sgt. Fontana forced him to the ground (Allegation C). PO McClusky then allegedly placed his foot on the back of [redacted] head, pressing his forehead onto the ground (Within Allegation B) while Sgt. Fontana pulled his arms behind his back and handcuffed him. PO McClusky searched [redacted] pants pockets (Allegation D) and removed his keys, wallet and metrocard. PO McClusky then searched the front pocket of [redacted] hooded sweatshirt (Within Allegation D) and patted him down over his clothing (Allegation E). PO McClusky briefly sat in Sgt. Fontana's police vehicle while conducting a warrant check. PO McClusky then returned and issued [redacted] two summonses, one for [redacted] and a second for [redacted] PO McClusky allegedly instructed [redacted] to leave before he was arrested (Allegation F). [redacted] then left the scene of the incident and returned to his residence. Read report for details.


Details

Incident: June 7, 2008
Received: August 10, 2008
Closed: June 30, 2009

Reason for contact: Other
Location: Street/highway
In NYPD 10th Precinct Manhattan
Outcome: Summons - disorderly conduct