Complaint #201809510,
November 6, 2018

Officer: Wilson, Bryan
Complainant: White Male, 74
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Smith, John
Complainant: White Male, 74
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Smith, John
Complainant: White Male, 74
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Lozada, Stephen
Complainant: White Male, 74
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Kavanagh, Patrick
Complainant: White Male, 74
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Powell, Jonathan
Complainant: White Male, 74
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Wilson, Bryan White Male, 74 Abuse of Authority: Refusal to process civilian complaint Substantiated (Formalized Training)
Smith, John White Male, 74 Abuse of Authority: Threat of arrest Exonerated
Smith, John White Male, 74 Force: Physical force Exonerated
Lozada, Stephen White Male, 74 Force: Physical force Exonerated
Kavanagh, Patrick White Male, 74 Abuse of Authority: Refusal to provide name Unsubstantiated
Powell, Jonathan White Male, 74 Abuse of Authority: Refusal to provide name 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.
'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

Wilson, Bryan
Instructions

Summary

On November 6, 2018, at approximately 3:25 a.m., staff at the HI New York City Hostel called 911 and reported that [redacted] was refusing to leave the hostel's lobby. Police Officers John Smith, Stephen Lozada, Patrick Kavanagh, and Jonathan Powell, all of the 24th Precinct, responded to the hostel. PO Smith allegedly told [redacted] "If you don't comply with exiting this lobby we are going to cuff you and arrest you" (Allegation A: Abuse of Authority, exonerated). PO Smith and PO Lozada grabbed [redacted]'s arms to lift him from a chair in the hostel's lobby (Allegations B-C: Force, unsubstantiated). After the officers escorted [redacted] from the hostel, [redacted] approached PO Powell and PO Kavanagh while they were seated in their police vehicle. [redacted] asked both officers to provide their names. Both officers allegedly refused to provide their names to [redacted] (Allegations D-E: Abuse of Authority, unsubstantiated).
After the officers left the scene, [redacted] went to the 24th Precinct stationhouse to file a complaint against the officers who ejected him from the hostel. At the stationhouse, [redacted] told Police Officer Bryan Wilson that he wanted to file a complaint against the officers, and PO Wilson did not process [redacted]'s complaint (Allegation F: Abuse of Authority, substantiated). Read report for details.


Details

Incident: November 6, 2018
Received: November 11, 2018
Closed: August 20, 2019

Reason for contact: Report-dispute
Location: Commercial building
In NYPD 24th Precinct Manhattan
Outcome: No arrest made or summons issued

Video evidence collected