Complaint #201700793, January 2017

Incident: January 25, 2017
Received: January 31, 2017
Closed: July 12, 2017

Reason for contact: Parking violation
Location: Street/highway
In NYPD 52nd Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Joseph Walsh

Officer:	Doherty, Brian
Complainant:	Black Male, 32
Allegation:	Abuse of Authority: Stop
CCRB Conclusion:	Exonerated
Officer:	Smyth, John
Complainant:	Black Male, 32
Allegation:	Force: Physical force
CCRB Conclusion:	Exonerated
Officer:	Smyth, John
Complainant:	Black Male, 32
Allegation:	Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion:	Substantiated (Command Discipline A)
Officer:	Smyth, John
Complainant:	Black Male, 32
Allegation:	Discourtesy: Word
CCRB Conclusion:	Substantiated (Command Discipline A)
Officer:	Smyth, John
Complainant:	Black Male, 32
Allegation:	Abuse of Authority: Frisk
CCRB Conclusion:	Substantiated (Command Discipline A)
Officer:	Doherty, Brian
Complainant:	Black Male, 32
Allegation:	Discourtesy: Action
CCRB Conclusion:	Unsubstantiated
Officer:	Doherty, Brian
Complainant:	Black Male, 32
Allegation:	Discourtesy: Word
CCRB Conclusion:	Unsubstantiated
Officer:	Doherty, Brian
Complainant:	Black Male, 32
Allegation:	Abuse of Authority: Vehicle search
CCRB Conclusion:	Substantiated (Command Discipline B)
Officer:	Unknown Officer
Complainant:	Hispanic Male, 25-29
Allegation:	Abuse of Authority: Stop
CCRB Conclusion:	Alleged Victim Uncooperative
Officer:	Unknown Officer
Complainant:	Hispanic Male, 25-29
Allegation:	Abuse of Authority: Search (of person)
CCRB Conclusion:	Alleged Victim Uncooperative
Officer:	Unknown Officer
Complainant:	Hispanic Male, 25-29
Allegation:	Abuse of Authority: Frisk
CCRB Conclusion:	Alleged Victim Uncooperative

Officer	Complainant	Allegation	CCRB Conclusion
Doherty, Brian	Black Male, 32	Abuse of Authority: Stop	Exonerated
Smyth, John	Black Male, 32	Force: Physical force	Exonerated
Smyth, John	Black Male, 32	Abuse of Authority: Threat of force (verbal or physical)	Substantiated (Command Discipline A)
Smyth, John	Black Male, 32	Discourtesy: Word	Substantiated (Command Discipline A)
Smyth, John	Black Male, 32	Abuse of Authority: Frisk	Substantiated (Command Discipline A)
Doherty, Brian	Black Male, 32	Discourtesy: Action	Unsubstantiated
Doherty, Brian	Black Male, 32	Discourtesy: Word	Unsubstantiated
Doherty, Brian	Black Male, 32	Abuse of Authority: Vehicle search	Substantiated (Command Discipline B)
Unknown Officer	Hispanic Male, 25-29	Abuse of Authority: Stop	Alleged Victim Uncooperative
Unknown Officer	Hispanic Male, 25-29	Abuse of Authority: Search (of person)	Alleged Victim Uncooperative
Unknown Officer	Hispanic Male, 25-29	Abuse of Authority: Frisk	Alleged Victim Uncooperative

Penalties

Smyth, John

NYPD Conclusion: Filed

Penalty: Resigned

Doherty, Brian

NYPD Conclusion: No Disciplinary Action-DUP

Penalty: No penalty

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

'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.