Complaint #9903600,
July 31, 1999

Officer: Bennett, Mervin
Allegation: Abuse of Authority: Detention
CCRB Conclusion: Exonerated
Officer: Costanza, Joseph
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Bennett, Mervin
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Magluilo, Jerome
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer Allegation CCRB Conclusion
Bennett, Mervin Abuse of Authority: Detention Exonerated
Costanza, Joseph Abuse of Authority: Question and/or stop Exonerated
Bennett, Mervin Abuse of Authority: Threat of arrest Exonerated
Magluilo, Jerome Abuse of Authority: Question and/or stop 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.

Further details on conclusions.


Summary

Mr. [redacted] was sitting on a park bench and drinking a 20-oz bottle of Saint Ides Malt Liquor. After drinking half of it, he put the top back on and set the bottle aside. A half an hour later a police van pulled up. Officer Magluilo asked him if he was drinking, and Mr. [redacted] answered affirmatively. Officers Costanza, Magluilo, and Bennett surrounded Mr. [redacted]. Mr. [redacted] was "pissed" because he felt like he was being harassed. Mr. [redacted] was politely asked for his I.D. Officer Magluilo went into the van and began writing a summons.
Mr. [redacted] asked if he was under arrest. He was told that he was only in custody and would be receiving a summons. Mr. [redacted] told the officer that he felt like he was being harassed and was going to start writing down information. Mr. [redacted] looked at the van and wrote down the numbers. He then tried to read Officer Bennett's shield number, but couldn't in the light. Mr. [redacted] asked Officer Bennett for his badge number. Officer Bennett asked, "What do you want it for?" Mr. [redacted] responded, "Can I have your badge number? Yes or no?" Officer Bennett grabbed Mr. [redacted] by the wrist, put his arm behind his back, and stated, "That's it. You are going to jail." Officer Bennett then proceeded to place Mr. [redacted] other arm behind his back. Officer Magluilo then exited the van with the ticket. Officer Costanza talked to Officer Bennett about the summons. Officer Bennett released Mr. [redacted] and told him that he would be going to jail if the summons wasn't already written. Mr. [redacted] was given the ticket (see enclosure 7) and the officers left.
Mr. [redacted] is upset that a warrant check was run on him. The warrant check has added to his belief that he was being harassed. Read report for details.


Details

Incident: July 31, 1999
Received: August 9, 1999
Closed: August 9, 1999
Outcome: No arrest made or summons issued