MATTER OF HICKEY v. WARD


161 A.D.2d 495 (1990)

In the Matter of Thomas Hickey, Petitioner, v. Benjamin Ward, as Police Commissioner of The City of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 24, 1990


We find there was substantial evidence to support the Commissioner's determination that petitioner used excessive force against one James King, without just cause, when he pushed Mr. King, as well as struck him in the face with a portable radio, while trying to effect a stop and inquiry. Additionally, substantial evidence existed to show that petitioner failed to prepare a stop and frisk report subsequent to his search of Mr. King; that he failed to effect the arrest of Mr...

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