Complaint #201905717,
June 29, 2019

Officer: Foy, James
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Charges)
Officer: Foy, James
Complainant: Female, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Foy, James
Complainant: Female, 25-29
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unfounded
Officer: Kerr, Harry
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Charges)
Officer: Kerr, Harry
Complainant: Female, 25-29
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Foy, James
Complainant: Female, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Foy, James Abuse of Authority: Entry of Premises Substantiated (Charges)
Foy, James Female, 25-29 Force: Physical force Substantiated (Charges)
Foy, James Female, 25-29 Abuse of Authority: Property damaged Unfounded
Kerr, Harry Abuse of Authority: Entry of Premises Substantiated (Charges)
Kerr, Harry Female, 25-29 Abuse of Authority: Threat of arrest Unsubstantiated
Foy, James Female, 25-29 Discourtesy: Word 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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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.


Penalties

Kerr, Harry
Closed: MOS Resigned, September 10, 2021
APU Closed: MOS Resigned

Foy, James
Closed: MOS Resigned, February 13, 2023
APU Closed: MOS Resigned

Summary

On June 29, 2019, at approximately 4 AM, Police Officer James Foy and Police Officer Harry Kerr of the 41st Precinct, arrived at [redacted] in the Bronx in response to multiple 911 calls by [redacted]'s ex-boyfriend, [redacted] reporting that [redacted] was not allowing him to retrieve his property from her apartment, where he too resided (BR 21; BR 22). Police Officer Kerr, Police Officer Foy, and [redacted] went up to [redacted]'s apartment [redacted] and the officers told [redacted] that [redacted] wanted to retrieve his belongings from her apartment. She told the officers that they could not enter, and that [redacted] would need to obtain a court order. Police Officer Kerr allegedly told [redacted] that if she did not allow the officers and [redacted] to enter her apartment, then she would be arrested (Allegation A: Abuse of authority – Threat of arrest, [redacted]). [redacted] attempted to close her door, but Police Officer Foy placed his foot in the doorway and forced his way into her apartment (Allegation B: Abuse of authority: Entry of premises, [redacted]). Police Officer Kerr entered behind him (Allegation C: Abuse of authority Entry of premises, [redacted]). As he entered the apartment and while inside the apartment, Police Officer Foy pushed [redacted] several times (Allegation D: Force – Physical force, [redacted]). At one point, Police Officer Foy pushed [redacted] into her bathroom, closed the door, and held it shut, allegedly causing damage to it (Allegation E: Abuse of authority – Property damaged, [redacted]). Throughout his interaction with [redacted], Police Officer Foy made various statements toward her that included the word "fuck" (Allegation F: Discourtesy [redacted]). [redacted] collected his belongings and the officers left. Read report for details.


Details

Incident: June 29, 2019
Closed: July 6, 2021
Last Updated: October 2, 2025

Reason for contact: Other
Location: Apartment/house
In NYPD 41st Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: William Conklin
Body-Worn Camera evidence collected