Complaint #201200925, January 2012

Incident: January 20, 2012
Received: January 21, 2012
Closed: May 8, 2013


Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: James Apostolou, Jeremy Natal, Oscar Rivas
Officer: Livingston, John
Complainant: Black Male, 36
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Livingston, John
Complainant: Black Male, 36
Allegation: Force: Pepper spray
CCRB Conclusion: Unsubstantiated
Officer: Livingston, John
Complainant: Black Male, 36
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Sans, Joseph
Complainant: Black Male, 36
Allegation: Abuse of Authority: Question
CCRB Conclusion: Substantiated (Command Discipline)
Officer: Livingston, John
Complainant: Black Male, 36
Allegation: Abuse of Authority: Question
CCRB Conclusion: Substantiated (Command Discipline)
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Livingston, John Black Male, 36 Force: Physical force Exonerated
Livingston, John Black Male, 36 Force: Pepper spray Unsubstantiated
Livingston, John Black Male, 36 Discourtesy: Word Unsubstantiated
Sans, Joseph Black Male, 36 Abuse of Authority: Question Substantiated (Command Discipline)
Livingston, John Black Male, 36 Abuse of Authority: Question Substantiated (Command Discipline)
Unknown Officer Black Male, 30-34 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Black Male, 30-34 Abuse of Authority: Refusal to provide name/shield number Officer(s) Unidentified

Penalties

Sans, Joseph
Instructions

Livingston, John
Instructions


Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.