Complaint #202007144,
October 19, 2020

Officer: Schoelermann, Craig
Complainant: Age 40-44
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Diggs, Ernest
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Diggs, Ernest
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Diggs, Ernest
Complainant: Black Female, 70-74
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Diggs, Ernest
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Schoelermann, Craig
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Schoelermann, Craig
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Maloshag, Maxim
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Maloshag, Maxim
Complainant: Black Male, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Maloshag, Maxim
Complainant: Black Male, 45-49
Allegation: Discourtesy: Gesture
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Schoelermann, Craig Age 40-44 Abuse of Authority: Threat of arrest Substantiated (Command Discipline B)
Diggs, Ernest Abuse of Authority: Entry of Premises Exonerated
Diggs, Ernest Abuse of Authority: Search of Premises Substantiated (Command Discipline B)
Diggs, Ernest Black Female, 70-74 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Diggs, Ernest Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Schoelermann, Craig Abuse of Authority: Entry of Premises Exonerated
Schoelermann, Craig Black Male, 45-49 Abuse of Authority: Threat of arrest Unsubstantiated
Maloshag, Maxim Black Male, 45-49 Abuse of Authority: Threat of arrest Unsubstantiated
Maloshag, Maxim Black Male, 45-49 Force: Physical force Unsubstantiated
Maloshag, Maxim Black Male, 45-49 Discourtesy: Gesture 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.


Penalties

Diggs, Ernest
Closed: Charges not served, July 26, 2023
APU Closed: Charges not served

Schoelermann, Craig
No Disciplinary Action-DUP
No penalty

Summary

On October 19, 2020, at approximately 9:25p.m., [redacted] and [redacted] returned to [redacted] apartment, located at [redacted] in Brooklyn. While [redacted], the owner of the apartment, was away in Florida for the previous month, she had allowed the woman who cleans her apartment, [redacted], to stay in the apartment, giving her the only key. While [redacted] was away, [redacted] allowed her son, [redacted] to stay in the apartment with her. When [redacted] returned to the apartment, [redacted], who was inside, did not allow [redacted] inside. [redacted] called 911 and stated that there was a strange man in her house and she could not get in. Police Officer Craig Schoelermann, Police Officer Maxim Maloshag, Police Officer Dennis Ferrer, and Sergeant Ernest Diggs, all of the 84th Precinct, responded to the scene.
After speaking briefly in the hallway with [redacted] and [redacted], all four officers knocked on the front door, spoke briefly with [redacted] and entered the apartment (Allegations A and B: Abuse of Authority, [redacted]). While inside the apartment, all four officers searched the bedrooms and bathrooms (Allegation C: Abuse of Authority, [redacted]). Officers learned from [redacted] that [redacted] had been staying there for over 30 days, so they exited the apartment and informed [redacted] and [redacted] that they could not make [redacted] leave. [redacted] stated that they needed to change the locks, but that they would provide [redacted] with the new key, and PO Schoelermann responded that if they changed the locks, they could be arrested for an illegal eviction (Allegation D: Abuse of Authority, [redacted]). While on scene, PO Maloshag and PO Schoelermann both told [redacted] that he would be arrested if he changed the locks (Allegation E and F: Abuse of Authority, [redacted]). PO Maloshag allegedly bumped his shoulder against [redacted] shoulder in the hallway of the building (Allegation G: Force, [redacted]). In the lobby of the building, PO Maloshag allegedly raised both middle fingers at... Read report for details.


Details

Incident: October 19, 2020
Received: October 26, 2020
Closed: April 22, 2022

Reason for contact: Report-dispute
Location: Apartment/house
In NYPD 84th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Dennis Ferrer, Stephanie Henman, Toby Lau
Body-Worn Camera evidence collected