Complaint #201500442,
January 22, 2015

Officer: Gagliardi, Thomas
Complainant: Hispanic Male, 56
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Bohringer, Peter
Complainant: Hispanic Male, 56
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Miscellaneous - Subject Retired
Officer: Rosenberg, Craig
Complainant: Hispanic Male, 56
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Gagliardi, Thomas
Complainant: Hispanic Male, 56
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Gagliardi, Thomas
Complainant: Hispanic Male, 56
Allegation: Abuse of Authority: Threat of summons
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Gagliardi, Thomas Hispanic Male, 56 Abuse of Authority: Stop Substantiated (Command Discipline B)
Bohringer, Peter Hispanic Male, 56 Abuse of Authority: Stop Miscellaneous - Subject Retired
Rosenberg, Craig Hispanic Male, 56 Abuse of Authority: Stop Substantiated (Command Discipline B)
Gagliardi, Thomas Hispanic Male, 56 Abuse of Authority: Search (of person) Substantiated (Command Discipline B)
Gagliardi, Thomas Hispanic Male, 56 Abuse of Authority: Threat of summons Substantiated (Command Discipline B)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalties

Rosenberg, Craig
Command Discipline - B

Gagliardi, Thomas
Command Discipline - B

Summary

On January 22, 2015, at approximately 9:00 a.m., [redacted] was walking on Vernon Boulevard in the vicinity of 41st Avenue in Queens when he was stopped by three plainclothes officers, identified by the investigation as Sgt. Thomas Gagliardi, Det. Craig Rosenberg, and Det. Peter Bohringer, in an unmarked blue RMP (Allegations A, B, and C). None of the officers wore shields or identified themselves as police officers. After a brief discussion with [redacted] Sgt. Gagliardi told [redacted] that he would not issue a summons if [redacted] consented to a search (Allegation D). [redacted] did provide consent for Sgt. Gagliardi to search him. Sgt. Gagliardi did not ask [redacted] for ID, but he opened [redacted] jacket and put his hands into its outer chest pockets (Allegation E). Sgt. Gagliardi then searched [redacted] pants pockets as Det. Rosenberg and Det. Bohringer observed. After the search, Sgt. Gagliardi told Det. Rosenberg and Det. Bohringer that [redacted] did not have anything and was not the person they were looking for. The officers left the scene without any further discussion with [redacted]. Read report for details.


Details

Incident: January 22, 2015
Closed: October 8, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 114th Precinct Queens
Outcome: No arrest made or summons issued