Complaint #202004222,
June 2, 2020

Officer: Nicoletti, Daniel
Complainant: Black Male, 21-24
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Substantiated (Charges)
Officer: Boria, Christopher
Allegation: Untruthful Statement: False official statement
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Recategorized as: Abuse of Authority: Other
Officer: Nicoletti, Daniel
Allegation: Untruthful Statement: Misleading official statement
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Board Conclusion
Nicoletti, Daniel Black Male, 21-24 Force: Nightstick as club (incl asp & baton) Substantiated (Charges)
Boria, Christopher Untruthful Statement: False official statement Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Recategorized as Abuse of Authority: Other on August 5, 2023
Nicoletti, Daniel Untruthful Statement: Misleading official statement Substantiated (Charges)

Conclusion Meanings:

'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

Nicoletti, Daniel
Closed: Retained, without discipline, May 2, 2022
APU Closed: Retained, without discipline

Summary

On June 2, 2020, at approximately 8:18 p.m., a large protest occurred in the vicinity of West Street and Morris Street in Manhattan. A city-wide curfew was in effect starting at 8:00 p.m. Hundreds of civilians and at least 50 police officers were present for this protest, which police officers dispersed. In the course of dispersing the protest, PO Christophe Boria of SRG4 arrested [redacted]. As PO Boria placed [redacted] in restraints, Sergeant Daniel Nicoletti struck [redacted] with a baton (Allegation A – Force: Nightstick a club, [redacted]). [redacted] was issued a summons for violating the curfew. [redacted]
On September 18, 2020, Police Officer Christophe Boria provided a false official statement to the CCRB (Allegation D – Untruthful Statement: False Official Statement). On October 7, 2020, Sgt. Nicoletti provided a false official statement to the CCRB (Allegation D – Untruthful Statement: Misleading Official Statement). Read report for details.


Details

Incident: June 2, 2020
Received: June 11, 2020
Closed: September 7, 2021

Reason for contact: Demonstration/protest
Location: Street/highway
In NYPD 1st Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Carl Becker, William Buchanan, Mike Civil, Patrick Connolly, Jonathan Ku, Catherine Kunst, Edward Mendez, Rafael Morla, Benjamin Nelson, Scott Obenauer, Michael Rivera
Body-Worn Camera evidence collected
Video evidence collected