Complaint #201606313,
July 7, 2016

Officer: Franklin, James
Complainant: Black Male, 29
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Franklin, James
Complainant: Black Male, 29
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unsubstantiated
Officer: Franklin, James
Complainant: Black Male, 29
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Franklin, James Black Male, 29 Abuse of Authority: Threat of arrest Unsubstantiated
Franklin, James Black Male, 29 Abuse of Authority: Question Unsubstantiated
Franklin, James Black Male, 29 Abuse of Authority: Retaliatory summons Substantiated (Command Discipline A)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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

Franklin, James
Formalized Training

Summary

On July 7, 2016, at approximately 4:55 p.m., [redacted] a street vendor, was inside a McDonald's at 262 Canal Street in Manhattan. PO James Franklin and PO Ralphael Jefferson, of the 5th Precinct, went into the McDonald's where PO Franklin asked [redacted] what he was doing and if he had a legitimate reason for being in there (Allegation A). [redacted] told PO Franklin that he did not want to speak to the officer and exited the McDonald's. PO Franklin and PO Jefferson followed [redacted] out of the McDonald's where [redacted] cursed at PO Franklin and yelled that he did not want to talk to him. PO Franklin then decided to issue [redacted] a C-summons for disorderly conduct and so he and PO Jefferson escorted [redacted] to the corner of Canal Street and Lafayette Street (Allegation B). PO Franklin wrote [redacted] C-summons and tried to speak with him. [redacted] told PO Franklin again that he did not want to talk to him and PO Franklin allegedly said that if [redacted] kept talking, he would be arrested (Allegation C). PO Franklin handed [redacted] the C-summons and the officers left the scene. Read report for details.


Details

Incident: July 7, 2016
Received: July 21, 2016
Closed: December 6, 2016

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Street/highway
In NYPD 5th Precinct Manhattan
Outcome: Summons - disorderly conduct

Witness Officers: Ralphael Jefferson
Video evidence collected