Complaint #201905717, June 2019

Incident: June 29, 2019
Closed: July 6, 2021


Documents:
APU Quarterly Report summary (James Foy)
CCRB Annual Report (James Foy, Harry Kerr)
Complaint Closing Report

Reason for contact: Other
Location: Apartment/house
In NYPD 41st Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: William Conklin
Officer: Foy, James
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Charges)
Officer: Foy, James
Complainant: Female, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Foy, James
Complainant: Female, 25-29
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unfounded
Officer: Kerr, Harry
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Charges)
Officer: Kerr, Harry
Complainant: Female, 25-29
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Foy, James
Complainant: Female, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Foy, James Abuse of Authority: Entry of Premises Substantiated (Charges)
Foy, James Female, 25-29 Force: Physical force Substantiated (Charges)
Foy, James Female, 25-29 Abuse of Authority: Property damaged Unfounded
Kerr, Harry Abuse of Authority: Entry of Premises Substantiated (Charges)
Kerr, Harry Female, 25-29 Abuse of Authority: Threat of arrest Unsubstantiated
Foy, James Female, 25-29 Discourtesy: Word Exonerated

Penalties

Kerr, Harry
Closed: Resigned, September 2021
APU Closed: Resigned

Foy, James
Closed: Resigned, February 2023
APU Closed: Resigned


Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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.