Complaint #201709191,
November 5, 2017

Officer: Mciver, Robert
Complainant: Black Male, 29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mciver, Robert
Complainant: Black Male, 29
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Mciver, Robert
Complainant: Black Male, 29
Allegation: Offensive Language: Race
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Mciver, Robert
Complainant: Black Male, 29
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Mciver, Robert Black Male, 29 Force: Physical force Exonerated
Mciver, Robert Black Male, 29 Abuse of Authority: Threat of arrest Exonerated
Mciver, Robert Black Male, 29 Offensive Language: Race Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Mciver, Robert Black Male, 29 Discourtesy: Word Unsubstantiated

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.
'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.


Summary

At approximately 12:15 p.m. on November 5, 2017, [redacted] was walking across the intersection Alexander Avenue and East 138th Street in the Bronx during the running of the New York City Marathon. Though the race's route along Alexander Avenue separated [redacted] position on the southeastern corner of the intersection from his intended destination near the southwestern corner, [redacted] attempted to cross the street through the path of the runners. As he crossed Alexander Avenue, his path was blocked by Police Officer Jordan Abidin of the 40th Precinct. Police Officer Robert Mciver of the 40th Precinct approached then [redacted] as well and explained that he was not allowed to cross the street due to the marathon.
[redacted] attempted to walk around the officers, and Police Officer Mciver stopped him from doing so by placing a hand on his body. Police Officer Mciver then allegedly grabbed [redacted] arm and twisted it behind his body (Allegation A: Force: Physical Force: Exonerated). Police Officer Mciver then walked [redacted] back to the southeastern corner of the intersection. Police Officer Mciver allegedly told [redacted] "You a stupid nigger" as he was escorting [redacted] across the street (Allegation B: Discourtesy: Word: Unsubstantiated and Allegation C: Offensive Language: Race: Unsubstantiated).
Police Officer Mciver released [redacted] in the vicinity of the southeastern corner of the intersection. [redacted] then asked Police Officer Mciver to identify himself, and Police Officer Mciver did so. [redacted] began recording his interaction with Police Officer Mciver, and asked him to identify himself again. Police Officer Mciver then approached [redacted] and allegedly twisted his arm behind his back for the second time (within Allegation A: Force: Physical Force: Exonerated). As he allegedly restrained [redacted] Police Officer Mciver told [redacted] that if he did not leave the area then he would be arrested (Allegation D: Abuse of Authority: Threat of Arrest: Exonerated). Read report for details.


Details

Incident: November 5, 2017
Received: November 6, 2017
Closed: July 18, 2018
Last Updated: December 11, 2024

Reason for contact: Parade/special event
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Jordan Abidin
Video evidence collected