Complaint #201601011, January 2016

Incident: January 30, 2016
Received: February 8, 2016
Closed: June 1, 2016


Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 32nd Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: David Kantor
Officer: Holshek, Brian
Complainant: Black Male, 29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Holshek, Brian
Complainant: Black Male, 29
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Holshek, Brian
Complainant: Black Male, 29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Holshek, Brian
Complainant: Black Male, 29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Kusterer, Brian
Complainant: Black Male, 29
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Holshek, Brian
Complainant: Black Male, 29
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Kusterer, Brian
Complainant: Black Male, 29
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Holshek, Brian Black Male, 29 Abuse of Authority: Vehicle search Substantiated (Command Discipline B)
Holshek, Brian Black Male, 29 Abuse of Authority: Vehicle stop Unsubstantiated
Holshek, Brian Black Male, 29 Abuse of Authority: Search (of person) Unsubstantiated
Holshek, Brian Black Male, 29 Abuse of Authority: Frisk Substantiated (Command Discipline B)
Kusterer, Brian Black Male, 29 Force: Physical force Unsubstantiated
Holshek, Brian Black Male, 29 Abuse of Authority: Threat of arrest Unsubstantiated
Kusterer, Brian Black Male, 29 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated

Penalty

Holshek, Brian
No Disciplinary Action-DUP
No penalty


Conclusion Meanings:

'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.