Complaint #201506509,
July 22, 2015

Officer: Higgins, Sean
Complainant: Hispanic Female, 51
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Nicalek, Jennifer
Complainant: Hispanic Female, 51
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Higgins, Sean Hispanic Female, 51 Force: Physical force Exonerated
Nicalek, Jennifer Hispanic Female, 51 Force: Physical force 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

On July 22, 2015, at approximately 6:53 p.m., in front of [redacted] in the Bronx, [redacted] was disposing of her garbage when she was allegedly approached by PO Sean Higgins and PO Jennifer Nicalek. PO Higgins and PO Nicalek immediately commanded [redacted] to leave the area, and subsequently, began pushing her multiple times towards the front of the building (Allegation A and B). When they reached the front of the building, PO Nicalek placed [redacted] in handcuffs, which prompted [redacted] to accidentally urinate on herself. While being placed inside PO Donald Hook's RMP, [redacted] was allegedly commanded to move further into the vehicle by PO Nicalek, but she was unable to do so because of the handcuffs. Subsequently, PO Higgins allegedly grabbed [redacted] by her arms and dragged her deeper inside the vehicle (within Allegation A). PO Hook then transported [redacted] to the 43rd Precinct stationhouse, where she was later issued a summons for public urination and two summonses for disorderly conduct by PO Nicalek. After being released, [redacted] called 911 and requested an ambulance because of her injuries. [redacted] was transported to [redacted] in the Bronx. She alleged that she sustained a fractured right elbow and a fractured left wrist. Read report for details.


Details

Incident: July 22, 2015
Received: August 5, 2015
Closed: December 9, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 43rd Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Edwin Espinal, Donald Hook