Complaint #201605067,
June 1, 2016

Summary

Officers observed a hand-to-hand sale of drugs inside the Union Square subway station. Two officers arrested the seller, while a sergeant arrested the buyer. While the buyer was being walked to the Transit Bureau precinct within the station, the buyer attempted to swallow some of the drugs he had purchased. The sergeant and Officer Samerson forced the man to the ground, while PO Claude Montout rolled his baton across the man's lower leg in an effort to get him to comply. The man claimed that the officers banged his head against the ground and used a tool to pry open his mouth, and chipped a tooth in the process.
Officer Montout, who acknowledged he had used the baton across the man's leg, described it as a known compliance technique. The sergeant acknowledged bringing the man to the ground and stated that the man had willingly spit out the drugs. Officer Samerson stated that she did not interact with the man but only interacted with the seller. The EMT who transported the man to the hospital described PO Samerson as the officer holding the man, and the recording of the call for an ambulance included PO Samerson's voice while struggling with the man. While medical records and an ambulance call report were reviewed by the investigator, such records are not subject to FOIL and were not produced.
After reviewing the statements and the medical records, the CCRB substantiated allegations that the sergeant and PO Samerson used excessive force, and exonerated allegations of excessive force against Officer Montout because the compliance technique is within NYPD policy.
It further found that PO Samerson and PO Montout each made false statements in their CCRB interviews.
The NYPD provided instructions to PO Samerson and did not discipline PO Montout at all.
The CCRB allegations against PO Montout were redacted in a later letter from the district attorney. Read report for details.