Police Conduct Report

Excerpts from Dr. Shane’s Report 

IV. OPINIONS
Based on the available evidence and data, and within a reasonable degree of professional certainty, I have reached several opinions in this matter:
1) the conduct of Daly, Borum, Hyde and Collazo fell below the standard of care they owed to Alves;
2) Daly acted under the color of law in coercing the Steakhouse to assist him in recovering the cell phone from Alves and in threatening that he would not leave without his cell phone; and
3) Daly, Borum and Hyde acted under the color of law by soliciting the involvement of other police officers to surround the steakhouse to prevent Alves’ escape.
V. Bases for Opinions:

borumwithtext

Borum fell below the standard of care he owed to Alves: (1) by breaching the no trespass order imposed upon him by the steakhouse which was designed to protect Alves and the other patrons; (2) by attacking Alves; (3) by agreeing with his fellow officers to attack Alves; (4) by failing to stop the attack on Alves by his fellow officers; (5) by failing to contact the local police to report the attack on Alves; (6) by assisting Daly in attempting to recover his cell phone which he knew or should have known was evidence of Daly’s involvement in the attack on Alves; (7) by giving false testimony at his deposition in this case; and (8) by treating Alves in a discriminatory manner on the basis of his race.

calazzowithtext
Collazo fell below the standard of care he owed to Alves: (1) by attacking Alves; (2) by agreeing with his fellow officers to attack Alves; (3) by failing to stop the attack on Alves by his fellow officers; (4) by failing to contact the local police to report the attack on Alves; (5) by failing to stop Borum from violating the no-trespass order, because he knew that that order was designed to protect Alves; (6) by assisting Daly in attempting to recover his cell phone which he knew or should have known was evidence of Daly’s involvement in the attack on Alves; (7) by attacking Alves a second time at the bottom of the spiral staircase, and to the extent such an attack could be deemed to be defense of Daly it was not done in a manner designed to minimize the chance of further harm; (8) by giving false testimony at his deposition in this case; and (9) by treating Alves in a discriminatory manner on the basis of his race.

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Daly fell below the standard of care he owed to Alves: (1) by attacking and kicking Alves with a shod foot; (2) by agreeing with his fellow officers to attack Alves; (3) by failing to stop the attack on Alves by his fellow officers; (4) by failing to stop Borum from violating the no-trespass order, because he knew that that order was designed to protect Alves; (5) by failing to contact the local police to report the attack on Alves; (6) by attempting to recover his cell phone which he knew was evidence of his own attack on Alves; (7) by giving false testimony at his deposition in this case; and (8) by treating Alves in a discriminatory manner on the basis of his race.

 

Download: The Full Report of Dr. Jon Shane Expert on Police Conduct