Complaint #201807564,
September 7, 2018

Officer: Foss, Joseph
Complainant: Black Male, 26
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Foss, Joseph
Complainant: Black Male, 26
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer: Fuller, Marcus
Complainant: Black Male, 26
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Foss, Joseph
Complainant: Black Male, 26
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Foss, Joseph Black Male, 26 Force: Chokehold Unsubstantiated
Foss, Joseph Black Male, 26 Force: Restricted Breathing Unsubstantiated
Fuller, Marcus Black Male, 26 Force: Physical force Exonerated
Foss, Joseph Black Male, 26 Force: Physical force Exonerated

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.


Document

Complaint Closing Report

Summary

On September 7, 2018, at approximately 6:20 p.m. [redacted] was driving near the intersection of [redacted] in Queens when his vehicle was stopped by Police Officer Joseph Foss of the 101st Precinct. Also present was Police Officer Marcus Fuller of the 101st Precinct. Police Officer Foss ordered [redacted] out of the vehicle, and [redacted] declined to leave the vehicle. Police Officer Foss grappled with [redacted] and struck [redacted] with his knee (Allegation A: Force- Physical Force- [redacted] Police Officer Foss allegedly used a chokehold against [redacted] allegedly restricting his breathing (Allegation B: Force- Chokehold- [redacted] Allegation C- Force- Restriction of Breathing- [redacted] Police Officer Foss and Police Officer Fuller then took [redacted] to the ground (Allegation D- Force- Physical Force; within Allegation A: Force Physical Force- [redacted] was arrested for resisting arrest, reckless driving, and obstructing governmental administration (Board Review 08) and criminal mischief (Board Review 19).
Video of this incident, taken by an unidentified civilian and obtained by the CCRB via a Facebook search, appears in IA #16 (Board Review 01) and is transcribed in IA #33 (Board Review 02). Relevant portions of this video has been excerpted and attached to IA #106 and IA #107 (Board Review 22 and Board Review 23). Read report for details.


Details

Incident: September 7, 2018
Received: September 14, 2018
Closed: June 13, 2019

Reason for contact: Moving violation
Location: Street/highway
In NYPD 101st Precinct Queens
Outcome: Arrest - other violation/crime

Video evidence collected