On October 11, 2017, Officers Frank Poncello and Jon Baker, from NYPD’s 25th Precinct, assumed a call around 1:30 P.M. regarding a domestic incident, involving Ellen Griswold and Ty Webb, at a Coffee Shop. As the officers approached the scene, they could hear, from almost a block away, Webb and Mrs. Griswold yelling at each other and causing a scene. (Ex. 5 p.2). The officers tried to calm the two and diffuse the situation. (Ex. 4 p.1). Officer Poncello spoke to Mrs. Griswold and Officer Baker took Webb aside and spoke to him. (Ex. 4 p.1). Mrs. Griswold presented Officer Poncello with an Order of Protection and it appeared Webb was violating the order. (Ex. 4 p.2). Officer Poncello told Mrs. Griswold that she need not worry about Webb, everything would be ok, and she would be able to continue working because Webb left. (Ex. 3 p.1). At 8:00 P.M., when Mrs. Griswold’s shift ended, Webb returned and assaulted her. Officer Poncello did not mention arresting Webb. (Ex. 3 p.1). Mrs. Griswold trusted the cops and felt safe enough to continue working without any issues. (Ex. 3 p.2). The officers did not mention providing Mrs. …show more content…
The Court signed an Order Granting Plaintiffs’ Leave to File a Late Notice of Claim on March 2, 2018. The Plaintiffs served the Late Notice of Claim upon the City of New York on March 2, 2018. The City of New York conducted an examination of Mrs. Griswold, Ty Webb, Officer Frank Poncello, and Officer Jon Baker on March 12, 2018. The Plaintiffs then commenced an action against the City of New York by serving and filing a Summons and Complaint dated April 2, 2018. The City of New York filed its Answer with the Court on April 16, 2018 and filed and served a Notice of Issue on April 30, 2018. The City now moves for Summary Judgment, pursuant to CPLR 3212, and dismissal of the Summons and Complaint and such other and further relief as the Court deems
James Griffin v. The City of New York, No. 10 cv 02592 (RJD) (MDG) (D.C. Cir. ).
Recommendations: It is recommended that our law office regretfully deny service to Ms. Carry based upon the precedent in Kentucky. Based upon the analysis the issue, it is apparent that Ms. Carry would not receive a promising conclusion to her situation. Due to the facts involved and the cases discussed (which are somewhat on point) Ms. Carry does not make a claim in which relief can be granted.
In October of 1993, R.D.S., a Nova Scotian Black youth, was arrested by a white police officer and charged with assault on a police officer in the execution of duty, assault with intent to prevent the lawful arrest of another, and resisting his own arrest. In a Nova Scotia Youth Court, R.D.S. testified that he did not touch the police officer or assault him in any way. He stated that he spoke only to his cousin, who was being arrested by Constable Steinburg, to ask the nature of his arrest and whether or not to contact his mother. R.D.S. testified that Constable Steinburg told him to either "shut up" or face arrest. The youth argued that the police officer proceeded to place both himself and his cousin in a choke hold. Constable Steinburg maintained that R.D.S. assaulted him and obstructed his cousin's arrest. He made no reference to telling the youth to shut up or to placing either youth in a choke hold. (1)
al., Appellants v. City of New York et al. Supreme Court of the United States. U.S. 1998. Web. 6 May 2014.
The case involved a line of duty shooting that took place between Illinois Officer Mary Redmond and suspect Ricky Allen, whom Redmond fatally wounded, and revolved around the family’s excessive force complaint, which they filed on the grounds that the witness testimony differed from Redmond’s account. [1]
I observed the officer claim that when he questions the defendant, he felt as if he was off. The victim gives a full detail report to the officer, describing what the person looked like and everything. One of the officers had taken his picture, and sent one to the transit police, to see if it was the same person they were looking for. In the meantime, the woman officer was interrogating him about where he has been and of prescription medication that was discovered in his bag. However, the defendant lied about why his taking the medicine. I observed that the police mentioned the defendant was very yielding and being extremely corporative. The officer mentioned that he took him to the hospital for psych assessment being that he was acting odd, so they kept him because of strange behavior. I observed the officer mention that from there, they got a report that the defendant was the same person they were looking at in the pictures. It was at the hospital that they arrested the defendant.
Police misconduct is as rampant as ever in America, and it has become a fixture of the news cycle. Police brutality is the use of any force exceeding that reasonably necessary to accomplish a lawful police purpose. The media is inevitably drawn toward tales of conflict, hence why there are so many crime and police stories on the news. Despite the increasing frequency of misbehaving cops, many Americans still maintain a high respect for the man in uniform. Still, police misconduct is a systemic problem, not just an anecdotal one. Here are some reasons why it is a problem. First, many departments don’t provide adequate training in nonviolent solutions. With this, police are unfamiliar with what to do in a non-violent situation, often resorting
Discretion is often one of the most critical aspects of a police officer’s daily duties. In the past, police discretion was considered taboo until 1956 when a study conducted by the American Bar Foundation discovered that there is nothing illegal or improper about discretion, and that it is in fact of practice (“The Role of Discretion in Police Work,” 2012). Before discretion was officially accepted as practice, police officers would not admit to be involved in police discretion. The basic definition of discretion is the use of personal choices when carrying out typical police job duties. For example, a police officer may decide to arrest one suspect for police interference, but will let another suspect go home, for the exact offense. When using discretion, however...
We see so many mugshots on the news, we think we can assign certain characteristics to “those types of people” and then tell ourselves to be aware of people who seem scary or even simply avoid a burly man. Unfortunately in this day and age, we can’t trust strangers and we have to look out for ourselves. This especially applies to the big cities such as New York City, Manhattan, and Brooklyn; street violence is considerably more apparent in crowded, urban places such as these. Although, some go about it more professional than others. Too many incidents have occurred in which police officers are too quick to judge the situation, and they end up shooting someone that didn’t deserve that kind of repercussion. Staples includes a similar but less extreme
Police misconduct has been in existence since the 1600’s, European Influence on American Policing. Ironically, Police Officers in modern day continue the legacy of the police “culture” (Barry, 1999). A culture of abuse of authority or discretion, code of silence amongst officers, discrimination, and a strong belief that “cops — and firefighters — stick together, in life and death situations” (Wetendorf,
Linch G., & Diamond, E. (1983) Police Misconduct. In Kadis, S. Encyclopedia of Crime and Justice. New York: The Free Press
A various points throughout the night we came across other officers who were dealing with accidents and various other tasks. Unless there was a rush to respond to a call, Officer Crutchman would slow his cruiser down and check to see if his fellow officers required assistance. Furthermore, after assisting multiple officers from his unit in a potential trespass violation at a local school, instead of driving going about their separate ways the officers began swapping arrest stories and offering their opinions on the progression of the resulting criminal cases. Afterwards, between some hilarious joke telling, the talk moved to personal and professional concerns and issues; one officer had a badly fitting bullet-proof vest that was on loan. Officer Crutchman offered to give his extra armor to his fellow officer since they were around the same
Mr. Rodriguez called 911 to report loud music from his neighbor’s house. He then walked to his neighbor’s house with his firearm and a video camera. After the confrontation with his neighbor, he called law enforcement once more to tell them he felt threatened and that he was standing his ground. While Paul Rodriguez waited for law enforcement to arrive at the scene, he used deadly force against Kelly Danaher. In this case, Mr. Rodriguez initiated the confrontation and there was no proven evidence that he was in danger (Flatow,
Police behavior is different across all communities. In fact, how police react to combat crime is affected by the management style of the various police administrators. Also, local politics will have a strong influence on how police react to crime. When police respond to a call, they will make a determination of the “cost and benefits” of their reaction. How they decide to intervene is based on the net gain to the neighborhood, suspect and the officer himself (Wilson, 1969). There have been several efforts to understand how police use discretion in their day-today operations. One of the difficulties in understanding police discretion, is when an officer makes a determination not to invoke the law, that decision is often not seen by anyone who would oversight over that officers decision, therefore that decision is usually not subject to review from any authority (Wilson, 1969). Police records are usually to incomplete to allow evaluation of non-enforcement decisions (Goldstein, 1960) Full enforcement of the law is not possible due to various reasons, a limitation of officer time, and a limitation of investigative devices. In some instances the police may choose not to enforce the law in order to allow a confidential informant to gather information on another suspect. This is an exchange relationship where both parties have the opportunity to gain so...
Communication in social environments is necessary for police officers because they have to make fast decisions about interacting with victims, witnesses, and suspects. Specifically, the better communication that the officers ...