'Pepper Spray Cop' to Be Questioned by Civilian Complaints Board: Judge

[Hissyspit]

Source: New York Daily News

'Pepper spray cop' to be questioned by civilian complaints board: judge

Anthony Bologna, the NYPD Deputy Inspector who pepper sprayed Occupy Wall Street protesters, has lost his court bid to avoid being questioned by the Civilian Complaint Review Board about the 2011 incident.

BY BARBARA ROSS / NEW YORK DAILY NEWS

WEDNESDAY, NOVEMBER 27, 2013, 12:24 PM

Anthony Bologna, the NYPD Deputy Inspector who pepper sprayed Occupy Wall Street protesters, has lost his court bid to avoid being questioned by the Civilian Complaint Review Board about the incident.

Manhattan Supreme Court Justice Joan Lobis said the 467 complaints filed with the board after the September 2011 incident "constituted use of excessive force" and that could be construed as a crime.

Since the Manhattan DA's office decided last April that it would not pursue criminal charges against Bologna, the judge said, no court has officially cleared him and thus the CCRB investigation can proceed.

- snip -

The incident at East 12 St. and University Place triggered an investigation by the NYPD's Internal Affairs Bureau, which concluded that Bologna acted "outside department guidelines."


Read more: http://www.nydailynews.com/new-york/pepper-spray-questioned-civilian-board-judge-article-1.1531027

[MADem]

1. I am not a lawyer, nor do I play one on tee vee, but would this not mean, since

he's to be questioned, that he could also be sued in civil court for assault and battery if they find him in need of some more of that discipline?

The CCRB argued that if its investigation results in any more discipline against Bologna, he can appeal that.
Bologna, who makes $154,300 a year, was docked 10 days' worth of vacation pay after the IAB probe.


Read more: http://www.nydailynews.com/new-york/pepper-spray-questioned-civilian-board-judge-article-1.1531027#ixzz2lve10ONr

[DWinNJ]

5. I'm not a lawyer either but

Last edited Thu Nov 28, 2013, 11:27 PM - Edit history (1)

I think you can't sue for assault and battery because those are criminal charges
however
it does sound like he and possibly NYPD may be available for injuries, mental anguish and other civil complaints.
(it's a question of language and technicalities)

From the video that I have seen, it looks like other officers had the protesters contained (literally) and they
were confused and asking why when he came along and just sprayed indiscriminately (it looked like he even got some spray in the faces of some of the other police who looked surprised)


I am correcting my post
As tabasco states below assault and battery is both a criminal and civil offense
All it took was a google

[marble falls]

6. You can sue for damage arising from the assault.

[Dustlawyer]

10. You are correct sir/Ms! They would allege civil rights violations.

[MADem]

11. Yep....I didn't express myself well; I meant sort of how

Ron Goldman's father -- even though he didn't prevail criminally -- was able to get a few dimes from OJ Simpson in civil court.

I'm talking about a payday, in essence.

[DWinNJ]

13. No problem

I just wanted to clarify, use a jumping point to mention the video and demonstrate the proper use of literally.

[tabasco]

14. Of course you can sue for assault and battery

Those are civil torts.

[QuestForSense]

2. I wonder what went wrong here.

(1) The judge says 467 complaints filed after the incident "constituted use of excessive force" and could be construed as a crime.

(2) An investigation by the NYPD's Internal Affairs Bureau concluded that Bologna acted "outside department guidelines" and for that was docked "10 days' worth of vacation pay." (Bologna makes $154,300 per year.)

(3) The Manhattan DA's office decided it would not pursue criminal charges against Bologna.

[valerief]

9. Looks like the Manhattan DA's office are criminals, too. nt

[RKP5637]

3. First, he should have been fired ... if not. n/t

[ybbor]

4. I hope Tony Bologna gets what he deserves!

And I'm not talking about a nice dark rye, with stone ground mustard, cheddar and a pickle on the side.

I'm talking some time in the general population on Rikers Island, and let the inmates give him the daily special.

[RoccoR5955]

7. For him to be docked 10 days' vacation time is

a slap on the wrist!
An offense like this deserves that he have his pension revoked, and his immediately removal from the police force. He should then be banned from any law enforcement job for the remainder of his days on earth, after he goes to court, and if found guilty, serves the maximum penalty for assault and battery allowable within NY law.

[smiley]

8. wow

I didn't realize cops made that much money.

"Bologna, who makes $154,300 a year, was docked 10 days' worth of vacation pay after the IAB probe."

Read more: http://www.nydailynews.com/new-york/pepper-spray-questioned-civilian-board-judge-article-1.1531027#ixzz2lx8p9TbD

[christx30]

12. Yup. We hear all the time

that cops are underpaid. Shit... Me and my $30,000 will just be over here trying to keep the lights on.

[Dawson Leery]

15. Coppers in lower New York (NYC/Long Island) have a total

annual compensation of over 6 figures.