Complaint #200901750,
January 31, 2009

Officer: Claxton, Sean
Complainant: Hispanic Male, 64
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Claxton, Sean Hispanic Male, 64 Abuse of Authority: Seizure of property Exonerated

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.

Further details on conclusions.


Summary

According to [redacted] on January 31, 2009, he was selling hotdogs at his usual spot at Knickerbocker Avenue and Himrod Street in Brooklyn. At approximately 1:05pm two male officers pulled over in a patrol car and approached [redacted] One officer was white and the other officer was black. Neither of them spoke Spanish. The officers asked for [redacted] ID and he provided his Mobile Food Vendor License. The officers issueds [redacted] five summonses and threw away his buns, his hotdogs, and all the condiments in a garbage can. The officers called for a wagon, confiscated [redacted] hotdog cart, and left the premises. [redacted] stated that his has a valid food vendor license (encl. 8I) and he also has a valid Certificate of Authority (encl. 8J). According to the summonses provided by [redacted] he was issued three summonses for [redacted] by PO Richard Carlough from Patrol Boro Brooklyn North Task Force (encl. 14A-C) and two summonses for [redacted] by PO Sean Claxton from the 83rd Precinct (encl. 10A). The CCRB determined from the summonses that PO Richard Carlough, who is a white male, approached [redacted] at 1:05pm and issued him the three summonses. After PO Carlough left, [redacted] continued selling hotdogs. At approximately 1:52pm, PO Sean Claxton and Sgt. David John, who are both black males, approached [redacted] PO Claxton issued [redacted] the two summonses and confiscated [redacted] push cart.
[redacted] borrowed a cart from another vendor and went back to work on February 2, 2009. [redacted] was selling hotdogs at Central Avenue and Grove Street in Brooklyn. At approximately 1:20pm PO Brian Padovani approached [redacted] PO Padovani asked [redacted] in English, "Oh, you are back here?" [redacted] responded, "Yes I'm selling, that's what I make a living of." PO Padovani took [redacted] ID and issued him a summons (encl. 8H). PO Padovani informed [redacted] that a customer had complained that one of [redacted] hotdogs was rotten. PO Padovani then asked [redacted] to get rid of the food. [redacted]... Read report for details.


Details

Incident: January 31, 2009
Received: February 4, 2009
Closed: July 15, 2009

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 83rd Precinct Brooklyn
Outcome: Summons - other violation/crime

Witness Officers: Anthony Anglisano, Richard Carlough, David John, Brian Padovani