Complaint #201601630,
February 27, 2016

Officer: Lenihan, Robert
Complainant: Black Male, 42
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Moran, Steven
Complainant: Asian Female, 38
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Lenihan, Robert
Complainant: Black Male, 42
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Lenihan, Robert
Complainant: Black Male, 42
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Lenihan, Robert
Complainant: Black Male, 42
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Lenihan, Robert
Complainant: Black Male, 42
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unfounded
Officer: Lenihan, Robert
Complainant: Black Male, 42
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Moran, Steven
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Lenihan, Robert Black Male, 42 Abuse of Authority: Stop Exonerated
Moran, Steven Asian Female, 38 Abuse of Authority: Stop Exonerated
Lenihan, Robert Black Male, 42 Abuse of Authority: Threat of arrest Exonerated
Lenihan, Robert Black Male, 42 Discourtesy: Word Substantiated (Formalized Training)
Lenihan, Robert Black Male, 42 Abuse of Authority: Frisk Exonerated
Lenihan, Robert Black Male, 42 Abuse of Authority: Search (of person) Unfounded
Lenihan, Robert Black Male, 42 Force: Physical force Unfounded
Moran, Steven Abuse of Authority: Premises entered and/or searched Unfounded

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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Penalty

Lenihan, Robert
Instructions

Summary

On February 27, 2016, at some point prior to 3:30 p.m., [redacted] and his fiancé [redacted] went to the roof of [redacted] in Manhattan (BR02 & BR03), the building in which they resided, to take photos. The door to the roof closed and locked behind them. [redacted] got the attention of another resident of the building, [redacted] and requested that he open the door for them. [redacted] called 911 and reported that two individuals who did not reside in the building were locked on the roof (BR04 – BR06). The dispatcher reported to PO Robert Lenihan and PO Steven Moran of the 30th Precinct that two individuals were trespassing on the roof of the building (BR07 & BR08).
PO Lenihan and PO Moran arrived at the location and spoke with [redacted] They then went to the roof and stopped [redacted] and [redacted] (Allegations A and B). PO Lenihan allegedly spoke discourteously to [redacted] throughout the ensuing interactions, allegedly using the words "fuck" and "shit" repeatedly and calling [redacted] a "smartass" (Allegation C). PO Lenihan allegedly threatened to arrest [redacted] (Allegation D). PO Lenihan allegedly grabbed [redacted]'s arm, spun him around, handcuffed him, and then shook him back and forth (Allegation E). PO Lenihan frisked the outside of [redacted]'s clothing (Allegation F) and then allegedly entered all of the pockets on [redacted]'s clothing and pulled them out (Allegation G). The officers went with [redacted] and [redacted] to the hallway in front of their apartment, where [redacted] opened the door and entered. PO Moran then allegedly reached into the apartment and pulled the door shut (Allegation H). PO Lenihan uncuffed [redacted] and left. PO Moran filed UF250 Stop, Question, and Frisk Reports in regards to the stops of [redacted] and [redacted] (BR09). Read report for details.


Details

Incident: February 27, 2016
Closed: May 24, 2016

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Residential building
In NYPD 30th Precinct Manhattan
Outcome: No arrest made or summons issued