{"active":true,"first_name":"Osvaldo","last_name":"Hernandez","race":"Hispanic","gender":"Male","rank":"SGT DS","command":{"command":"020 DET","assignment_date":"2025-04-09","id":"20det"},"shield_no":4768,"taxid":"949102","complaint_ids":[202202457],"command_history":[{"command":"025 DET","id":"25det"},{"command":"024 DET","id":"24det"},{"command":"030 DET","id":"30det"},{"command":"034 PCT","id":"34pct"}],"appt_date":"2010-07-06","middle_initial":"A","shield_no_history":[23167],"lawsuits":[{"name":"Wisdom, Khalid vs City of Ny, et al.","start_date":"2024-10-31","payout_amount":0,"disposition":"","docket":"156211/2024","court":"Supreme Court - New York","summary":"On July 8, 2021, Plaintiff, Khalid Wisdom, was waiting to enter Prime Bar & Grill around 2am when Defendants unlawfully stopped, questioned, frisked, searched, falsely arrested and subjected Plaintiff to the use of excessive force. The individually named Defendant Police Officers, Police Officer Derek Rivera, Roger Pfeffer, Nigel Giddens, and Sergeant Osvaldo Hernandez responded to a report over their radio that there was an argument between two individuals in the vicinity and one of them had a gun. The defendants did not possess any additional description of the individual who allegedly possessed a gun, other than the allegation by the valet parking attendant that the individual was wearing a white t-shirt. Neither the individuals race, age, height, weight, or distinguishing bodily\nfeatures such as tattoos(Plaintiff is an African American male and he has very distinct and noticeable tattoos on his face) or facial hair was provided to the defendant police officers, nor did any of the defendant police officers ask anyone present in the vicinity of the Prime Bar & Grill for a more detailed description than man was wearing a white t-shirt. At no time relevant herein did any witness identify plaintiff as being the man with the firearm who was allegedly involved in an altercation with another individual before the defendants arrived at the location. Moreover, the security camera footage recovered by the NYPD from the prime\nBar & Grill does not at any time relevant herein show plaintiff arguing with or having an altercation with anyone, nor does it show plaintiff holding a firearm at any time. Defendant Police Officer Derek Rivera’s alleged factual basis for approaching plaintiff, stopping, frisking, and searching him was because he observed plaintiff wearing a white t-shirt and the valet parking attendant had informed him that the individual with the gun was wearing a white t-shirt even though he admits that he could not see any objects or bulges underneath plaintiff’s clothing that appeared to be a firearm or a weapon when he observed\nplaintiff. The approximately 30-40 individuals standing in the vicinity of the Prime Bar & Grill witnessed the defendant police officers violating plaintiff’s rights under New York State law and the Constitution of the United States and many individuals in the crowd began to shout at the defendants for violating plaintiff’s rights when he had done nothing illegal.\n\nDefendant Rivera proceeded to pull a firearm from his own pocket and tried to\nstick it inside of plaintiff’s underwear so that it would appear as if defendant Rivera recovered the gun from plaintiff’s underwear. Detective Rivera unlawfully planted the firearm on plaintiff and fabricated allegations that he recovered a firearm from inside of plaintiff’s underwear.  At no time relevant herein was plaintiff's DNA recovered from the firearm and Detective Rivera alleges that firearm was pressed against plaintiff’s skin in his underwear but Plaintiff was wearing shorts and he was wearing boxer shorts as underwear so defendants would have likely located it during the first two searched the conducted of plaintiff’s person and a firearm would have also been visible through the short’s plaintiff was wearing if had been carrying it in his underwear. Defendants had no probable cause to believe Plaintiff had committed a crime or violated any laws. Still, Plaintiff was falsely accused of criminal possession of a firearm. Plaintiff was arraigned in New York County Criminal Criminal Court on July 9, 2021 and charged with crimes he did not commit and that the officers lacked probable cause to accuse him of committing, including but not limited to Criminal possession of a Weapon in the Second and Third Degrees. At arraignment the court set bail at $150,000 and plaintiff could not immediately post bail and was remanded to Riker's Island and unlawfully detained until he posted bail and was released from custody on July 10, 2021.  Plaintiff was required to appear in Court to address the false charges brought against him on approximately 35-40 occasions, and spent approximately 5 hours in court on each of those occasions. Additionally, plaintiff attended his criminal trial which lasted for approximately 4 additional days. On September 26, 2024 all criminal charges brought against plaintiff terminated in his favor and were dismissed and sealed in their entirety after a jury returned a verdict acquitting him of all charges.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=aa_PLUS_76RF51XYGDh/ZQTiGzQ==","type":"complaint"}]},{"name":"Ekukpe, David vs City of New York, et al.","start_date":"2016-07-12","disposition_date":"2018-01-04","payout_amount":200000,"disposition":"Settlement","docket":"16CV05412","court":"U.S. District Court - Southern District NY","officer_name":"Hernandez, Osvaldo","summary":"The plaintiff and his friends were outside the plaintiff's residence when they were approached by the defendant officers. The officers questioned and searched all of them and then told the friends to leave the entrance of the residence. The plaintiff complained and then in response the officers grabbed the plaintiff, choked him, brought him on the ground, kneed him in the back, handcuffed him, and brought the plaintiff to the nearest precinct. The plaintiff was charged with Disorderly Conduct, Harassment, Obstructing Governmental Administration, and Resisting Arrest. The charges were dismissed.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nysd.460083/gov.uscourts.nysd.460083.1.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/6246092/ekukpe-v-city-of-new-york/"},{"name":"Dawson, Valerie, et al. vs City of New York, et al.","start_date":"2015-12-04","disposition_date":"2016-09-30","payout_amount":58500,"disposition":"Settlement","docket":"15CV08626","court":"U.S. District Court - Southern District NY","officer_name":"Hernandez, Osvaldo","summary":"Defendant Officers forced their way into Plaintiff's apartment, searched it, and allegedly found something in a bedroom that belonged to none of the Plaintiffs present.  Plaintiffs were all arrested, brought to the 40th Precinct, questioned, threatened, and then released without charges after 17 hours.","documents":[{"url":"https://www.documentcloud.org/documents/4921548-Dawson-et-al-v-The-City-Of-New-York-et-al","type":"complaint"}],"url":"https://www.courtlistener.com/docket/4356056/dawson-v-the-city-of-new-york/"},{"name":"Faris, Andy vs City of New York, et al.","start_date":"2015-09-23","disposition_date":"2017-01-30","payout_amount":14000,"disposition":"Settlement","docket":"15CV07089","court":"U.S. District Court - Southern District NY","officer_name":"Hernandez, Osvaldo","summary":"As Plaintiff was walking home, Defendant Officers yanked him from the sidewalk, lined him up with 3 individuals he did not know, and searched them. Plaintiff was then taken to the 40th Precinct, strip-searched, and then released the next day through the side door.","documents":[{"url":"https://www.documentcloud.org/documents/4922129-Faris-v-City-Of-New-York"},{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nysd.447178.38.0.pdf","type":"complaint"},{"url":"https://www.documentcloud.org/documents/4922130-Faris-v-City-Of-New-York"}],"url":"https://www.courtlistener.com/docket/4355775/faris-v-city-of-new-york/"}],"documents":[{"url":"https://www.documentcloud.org/documents/24441170-bronx-notified-officers-list-edited_redacted-redacted_redacted","type":"credibility-finding"}],"payroll":{"salary":"118056","regular":"105183","overtime":"45872","other":"17878","total":"168932"},"id":"878X","url":"https://www.50-a.org/officer/878X"}