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NYPD Officer Charged With Misconduct for Reporting Misconduct

NYPD Officer Charged With Misconduct for Reporting Misconduct



New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., alleges in a $5 Mil. Notice of Claim filing that Police Officer Shanturah Brathwaite, was transferred from the Internal Affairs Bureau and charged with misconduct for reporting her spouse’s assault and false arrest


New York, November 29, 2016 – Brathwaite, is an African-American female employed as a police officer with the Police Department City of New York (NYPD). Brathwaite formerly assigned to the 32nd Precinct, alleges her spouse Russell ‘Big Russ’ Smith (community leader and merchant) was assaulted and falsely arrested by police officers assigned to the 32nd Precinct.

According to the claim, Brathwaite noticed several missed calls on her cellular telephone from her husband. A short time later, Brathwaite claims her sister-in-law was able to reach her via cellular telephone and yelled “the cops are beating Russ up!” Once Brathwaite arrived at the scene, Sergeant Ramos, the patrol supervisor told her to leave and mind her business.

Former Commanding Officer Deputy Inspector Michael Davidson, Executive Officer Captain (unidentified) and Lieutenant Valad (phonetic spelling) were present in the station house and aware her spouse was injured and falsely arrested but, did not VOID the arrest or report the use of force against him as required by the department policy, according to the claim. Brathwaite claims they collectively decided to falsely uphold the narrative ‘Big Russ’ assaulted police officers and falsely charged him with Assault in the Second Degree a Felony and related criminal charges. A short time later, Brathwaite was transferred to the Internal Affairs Bureau and assigned to the Command Center. Brathwaite alleges the Command Center is where the Internal Affairs Bureau intakes complaints of criminal activities and serious misconduct.

Upon her arrival on July 28, 2015, until her transfer on October 31, 2016, Brathwaite claims she noticed the same apathetic attitude towards police corruption. Brathwaite claims the Command Center, a support unit is primarily composed of females of color. Brathwaite claims IF the females of color are promoted to Detective Third Grade, they rarely if ever are re-assigned as an investigator in a Group; thus, ensuring most never leave the support unit and ascend the investigative track to become Detective Second or First Grade. Brathwaite claims she and other colleagues would discuss how logs managed, whereas they DO NOT reflect the true nature and severity of the complaint. Brathwaite claims based upon the nature of the ‘sanitized’ log, the complaint would be sent to a borough level investigate unit, another department unit or even the officer’s command; thus, proving ineffective to rooting corruption out of the department. Brathwaite claims for example, she was ORDERED by Deputy Chief Ellen Chang to ‘lock down’ the log regarding the criminal activities and serious misconduct involving members assigned to the License Division. Brathwaite claims she and other colleagues would discuss how cases are handled differently according to the officers’ race. Brathwaite claims she and other colleagues would discuss how the department orders reflected how officers of color receive harsher discipline.

Brathwaite maintains after several court appearances, in or around August 2015, ALL charges were DISMISSED and SEALED against ‘Big Russ.’

On October 19, 2016, Brathwaite was subjected to a Department Interview under the authority of Deputy Inspector Michael Tates of the Internal Affairs Bureau Special Investigations Unit. Brathwaite alleges the subject matter was the arrest of ‘Big Russ’ on May 5, 2015. Brathwaite claims she told Sergeant Ryan Kocher and Lieutenant (unidentified) her spouse was assaulted and falsely arrested. Brathwaite alleges Sergeant Kocher and the Lieutenant were required to generate a log in accordance with department policy but, failed to do so.

On October 31, 2016, Brathwaite was transferred out of the Internal Affairs Bureau to the 42nd Precinct several days shy of her promotion to Detective Third Grade. Brathwaite claims on or about November 4, 2016, she was served with department Charges and Specifications related to the arrest of ‘Big Russ.’ Brathwaite claims the Charges and Specifications were served one (1) day shy of the eighteen (18) month statute of limitations.

“Since most victims of police corruption are persons of color and disenfranchised Caucasians, all too often the public does not force the NYPD to hold its officers accountable to victims. Here, we have Officer Brathwaite and her spouse ‘Big Russ’ pillars of the community, being ‘bullied’ and abused. Instead of offering lip service about police abuse, Mayor DeBlasio and Police Commissioner O’Neill must investigate these and similar allegations, hold officers’ accountable with swift, decisive and severe disciplinary action,” says Eric Sanders.

Eric Sanders, Esq., of The Sanders Firm, P.C., filed the Notice of Claim with the City of New York, et al., on November 27, 2016.

About The Sanders Firm, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rights, civil service rightscriminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights. We are your voice for justice!


Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-808-6515


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