Complaint #201603830,
April 28, 2016

Officer: Seder, James
Complainant: Black Male, 38
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Daverin, Henry
Complainant: Black Male, 38
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Daverin, Henry
Complainant: Black Male, 38
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Daverin, Henry
Complainant: Black Male, 38
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Walsh, Christopher
Complainant: Black Male, 38
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Walsh, Christopher
Complainant: Black Male, 38
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Seder, James
Complainant: Black Male, 39
Allegation: Abuse of Authority: Question
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Walsh, Christopher
Complainant: Black Male, 38
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Seder, James Black Male, 38 Force: Physical force Unsubstantiated
Daverin, Henry Black Male, 38 Force: Physical force Unfounded
Daverin, Henry Black Male, 38 Discourtesy: Word Unsubstantiated
Daverin, Henry Black Male, 38 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Walsh, Christopher Black Male, 38 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Walsh, Christopher Black Male, 38 Force: Physical force Unfounded
Seder, James Black Male, 39 Abuse of Authority: Question Substantiated (Command Lvl Instructions)
Walsh, Christopher Black Male, 38 Abuse of Authority: Refusal to provide name/shield number Unfounded

Conclusion Meanings:

'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.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Penalty

Seder, James
Instructions

Summary

On April 28, 2016, at approximately 11:00 p.m., [redacted] was walking with his brother, [redacted] and friends, including [redacted] in the vicinity of New Lots Avenue and Alabama Avenue in Brooklyn. [redacted] and [redacted] separated from the group. Sgt. Henry Daverin, PO James Seder, and PO Christopher Walsh, of the 75th Precinct Anti-Crime Team, approached [redacted] and [redacted] in the vicinity of New Lots Avenue and Malta Street after observing [redacted] spit on the sidewalk. When the officers requested [redacted] ID and explained their reason for approaching him, [redacted] protested, and Sgt. Daverin reportedly replied, "Fuck that" (Allegation A). The officers then grabbed [redacted] and backed him toward a fence as they attempted to handcuff him. A physical struggle ensued. PO Seder allegedly grabbed [redacted] right leg and pulled it out from under him, causing [redacted] to fall to the ground and strike his face on the sidewalk (Allegation B). [redacted] was handcuffed while on the ground.
[redacted] was standing side by side with [redacted] as [redacted] struggled with the officers. At some point during the struggle, [redacted] identified himself as [redacted] brother, and PO Seder then requested his ID (Allegation C). [redacted] provided it, and it was quickly returned by PO Seder. [redacted] was not arrested or summonsed.
[redacted] was placed in the officers' RMP and transported to the 75th Precinct stationhouse. While en route, [redacted] asked PO Walsh and Sgt. Daverin for their names and shield numbers. They reportedly responded that their information would be on [redacted] paperwork (Allegations D and E).
Upon arrival at the 75th Precinct stationhouse, the officers opened the door, and [redacted] fainted. He was unable to move his legs and fell out of the RMP. PO Walsh and Sgt. Daverin allegedly dragged [redacted] by his knees into the stationhouse (Allegations F and G). While inside the cell area, [redacted] asked PO Walsh and Sgt. Daverin for their names and shield numbers, to which... Read report for details.


Details

Incident: April 28, 2016
Received: May 4, 2016
Closed: August 29, 2016

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Video evidence collected