'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.
Further details on conclusion definitions.
Fincher, Sean vs City of New York, et al.
Case # 19CV06206,
U.S. District Court - Southern District NY, August 26, 2019, ended September 29, 2021
On May 4, 2018 at around 10:25 PM, Defendants Officers Moriarty, Mesaris, Urena, and Alba entered Mr. Fincher's shelter dormitory in the Bronx while he was watching sports. Defendant Officers began questioning Mr. Fincher about his earlier whereabouts, and whether he had been drinking. They did not disclose the reason for their visit, and Mr. Fincher declined to answer their questions. Defendants Officers, now joined by FDNY/EMT Defendants Zucker and Guttman, then tightly handcuffed Mr. Fincher and transported him to Lincoln Hospital. At no point was Mr. Fincher ever placed under arrest. He also never resisted the Officers.
At Lincoln Hospital, Mr. Fincher was forced to wait and be seen by a doctor, despite th...