Complaint #202003703,
May 30, 2020

Officer: Sher, Michael
Complainant: Black Male, 30-34
Allegation: Discourtesy: Action
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Sher, Michael
Complainant: Black Male, 30-34
Allegation: Force: Pepper spray
CCRB Conclusion: Substantiated (Charges)
Officer: Sher, Michael
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Sher, Michael Black Male, 30-34 Discourtesy: Action Substantiated (Command Discipline B)
Sher, Michael Black Male, 30-34 Force: Pepper spray Substantiated (Charges)
Sher, Michael Black Male, 30-34 Abuse of Authority: Refusal to obtain medical treatment Substantiated (Charges)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalty

Sher, Michael
Closed: Previously adjudicated, with discipline, September 28, 2022
APU Closed: Previously adjudicated, with discipline
Dismissal Probation

Summary

On May 30, 2020, at approximately 5:26 p.m., [redacted] attended an anti-police brutality protest that had marched to Bedford Avenue and Tilden Avenue in Brooklyn. Police officers surrounded a police vehicle and told the protesters to step back. [redacted] took one step back while both his arms were raised in the air. Police Officer Michael Sher, then of the 70th Precinct and currently assigned to the 62nd Precinct, pulled down [redacted]'s COVID-19 face mask (Allegation A - Discourtesy: Action, [redacted]) and deployed pepper spray directly into [redacted]'s face (Allegation B – Force: Pepper Spray, [redacted]). Police Officer Sher failed to obtain or attempt to obtain medical treatment for [redacted] after pepper spraying him (Allegation C – Abuse of Authority: Refusal to Obtain Medical Treatment, [redacted]). Read report for details.


Details

Incident: May 30, 2020
Received: May 31, 2020
Closed: November 1, 2021

Reason for contact: Demonstration/protest
Location: Street/highway
In NYPD 70th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Arthur Becerra, Tyler Bradshaw, Salvatore Carcaterra, Anthony Carolei, Jesus Carrillo, William Cusack, Michael Digiovanna, Marc Fontana, Dionnys Hernandez, Jay Huang, Yayonfrant Jeanpierre, Imran Khan, Anthony Martinez, Lisa Matamoros, Anthony Melidones, Constantin Neamtu, Edward Obrien, Christopher Pierre, Justin Stewart, Daniston Swaby, Mdthowhed Talukder, Mateusz Wybraniec
Body-Worn Camera evidence collected
Video evidence collected