Free Memorandum in Support of Motion - District Court of Connecticut - Connecticut

_ N N · Case 3:03-cv—O1 O1/05J BA Document 82-9 Filed O3/O2/2005 Page 1 of 4
N I City Lwkridgeport N
N DEPARTMENT OF POLICE l
,’_· - -. N _ '
P "' OFFICE OF THE CHIEF ’
Meir?
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w11.BU12 L.cmu¤M.A1~r
Chief of Police N
February 18, 2002
Mr. Cecil Young I
99 Carroll Avenue N
Bridgeport, CT 06607 N
N RE: Citizen Complaint, 0lA case # 01l-343
Dear li/lr.Young:
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The Honorable Board of Police Commissioners would first like to thank you for
appearing before them and expressing your concerns. The Honorable Board of Police
Commissioners unanimously voted to DENY your appeal and uphold the findings in
this case after further review on February 12, 2002. N
Again, the Board of Police Commissioners would like to thank you for taking the
time to express your concerns and appearing before them on January 23, 2002.

. Sincerely yours, #2 N
Sergeant Glen Prentice N
Department Clerk
GPIgp J
Cc: Office of Internal Affairs
Hle N
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N r·¤\*ER¤> sa N

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_ Nl _ ··C§s`é 3:03-cv-O1 BA Document 82-9 Filed O3{O2N2005 Page 2 of 4
N · · —~ . CITY OF BMDGEPORT " ·e’‘ ¤¤°“"°¤»s%
N 1 t DEPARTMENT OF POLICE _ N
N i soo cononass srnaar s N
WILBUR L_ CHAPMAN BRIDGEPORT, CONNECTICUT 06604 5 E
Chief of Police ¤@¤ 3-1 ·*rH€E%’
‘q*°ORATY·°` N
To: Mayor Joseph Ganim ` ·
Mr. Eugene O’Neil, President of the Board of Police Commissioners
Chief Wilbur Chapman
- From: Sgt. Joseph Savino
Date: 12/ 10/01
Re; 01I-343 N
Allegation: Cecil Young complains that Officer R. Winkler wrenched his arm up
behind his back during an incident that occurred on 103 Carroll Avenue. N
Finding: Excessive Force Exonerated J
Summary: The office of intemal affairs conducted taped interviews from the following N
persons: Cecil Young conducted by Lt. R. Porter. Pat Nichols, Shonta Nichols and I
Officer B. Fitzgerald conducted by this writer. Officer R. Winkler conducted by Sgt. R. N
Sherwood. This writer encourages the reader to review these statements in their entireties. N
According to Incident report 010916-251 Cecil Young was issued an infraction for
creating a public disturbance. This infraction stems from Mr. Young’s interference in a _ g N
valid motor vehicle stop that Officer Winkler and Officer Fitzgerald were conducting.
The subject of the motor vehicle stop, Shonta Nichols, was issued an infraction for failure
to obey a stop sign. ;
This writer would like to note that Shonta Nichols is Cecil Young’s daughter.
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Mr. Yotmg states that while in his home at 103 Carroll Avenue he became aware that the
police had stopped his daughter, Shonta Nichols, in front of his house. Mr. Young states .
he exited his house and attempted to walk toward his daughter’s car to see if she was all N
right. Mr. Young states that the officers told him to stay on the sidewalk while they
conducted their investigation. Mr. Young states that he complied with their request, ‘ .
however, when the officers retreated to the police car with his daughter’s driving
information that he attempted again to approach the vehicle to speak with his daughter.
Mr. Young states that it was at this time that the of`ficer’s spoke to him over the police
vehicle loud speaker to return to the sidewalk. Mr. Young states that Officer Winkler then .
approached him and escorted him to the police vehicle and patted him down. During this
pat down Mr. Young states that Officer Winkler forcefully wrenched his arm up behind
his back causing Mr. Young to injure his arm. Mr. Young states that the Officer’s took N
his wallet and license out and began to issue him a ticket. Mr. Young states that while N
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writing this ticket that Officers Winkler and Fitzgerald realized that they knew who he
was and that they were insulting to him.
Shonta Nichols confirms in her statement that the police stopped her in front of 103
Carroll Avenue. Shonta Nichols further states that during the stop her father, Cecil I
Young, attempted to approach her vehicle and was told by the police officers, at least two
times, to remain on the sidewalk. While the Officers were writing her ticket Cecil Young
attempted to speak to her again and it was at this time that the officers took Cecil Young {
back to the Police car. Shonta Nichol’s states that while Cecil Yotmg was being brought “
to the police car that he was saying, "You see they are twisting my arm”. Shonta Nichol’s
states that she saw the officers take Cecil Young by the arm and walk him back to the
police car. Shonta Nichol’s states that she thought that the officers were handcuffing her
father but that she did not see the officers twist his arm behind his back. Shonta Nichols l
has no complaint with the way the officer’s treated her.
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Pat Nichols is Cecil Young’s girlfriend. Pat Nichol’s, in her statement, says that she I
witnessed the incident and the officers indeed did wrench Cecil Young’s arm up behind
his back. Pat Nichols did confirm the fact that Cecil Yotmg was told by the police
officers to stay on the sidewalk away from the vehicle, however she did not understand l
why. This writer explained to Pat Nichols some police safety procedures and some F
reasons why the officers would tell Cecil Young to stay on they sidewalk. Pat Nichols
states that the officers were making comments such as "we got bad Cecil". V
Officers Winkler and Fitzgerald both state that Cecil Young was given several warnings
to stay on the sidewalk and away from the vehicle, that they had stopped. Officer I l
Fitzgerald states that at no time did he touch Cecil Young and that at no time did he see
Officer Winkler twist Cecil Young’s arm up behind his back. Officer Winkler states that l
after several warnings to Mr. Young to stay on the sidewalk and away from the vehicle it `
was clear to him that Mr. Young would not comply with the request. Officer Winkler
then took Mr. Young by the arm and escorted him back to the police car. Officer Winkler
states that at no time was Mr. Young’s arm twisted. Officer Winkler states that while
patting Mr. Young down that he held Mr. Young’s arm with only one hand. Officer
Winkler states that he took Cecil Young’s wallet for ID and sat Mr. Young in the Police i
car. Officer Winkler then issued Mr. Young the infraction. Officers Fitzgerald and g
Winkler state at no time were they discourteous to Mr. Young. Officer Winkler does state i
that he made mention of Cecil Young’s sheriff uniform which closely resembles a
Bridgeport Police Officers uniform. i
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This writer along with Sgt. J. Adiletta conducted a field interview of Mr. Malcolm l
Griffin. Mr. Griffin witnessed the incident. Mr. Griffin states that he saw the officers grab
Cecil Young by the arm and also take Mr. Young’s wallet and ID. Mr. Griffin stated he
was not close enough to her what was said. A report of the interview is enclosed.
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Conclusion: Motor vehicle stops are a dangerous part of a police officers job.
Maintaining control ofthe stop is a concern for the safety of all persons involved. Mr.
Young ignored several warnings by the police officers to refrain from interfering with the
motor vehicle stop. This writer would like to point out that Cecil Young is a sheriff in the g
City of Bridgeport and has worked with our police officers in the past with the Bridgeport
· housing authority. Mr. Young is familiar with Police safety issues and practices. This
writer has reviewed the statements regarding this complaint and finds no violation of
Bridgeport Police Department Policy and Procedtue. This writer finds Officer Winkler
and Officer Fitzgerald exonerated of the charges against them.
Respectfully Submitted
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