{"active":false,"first_name":"Matthew","last_name":"Vogt","race":"White","gender":"Male","rank":"SGT","command":{"command":"PBQN SU","id":"256"},"shield_no":5589,"ended_date":"2019-03-01","taxid":"907533","complaint_ids":[200405011,9903064,9700723],"command_history":[{"command":"102 PCT","id":"102pct"}],"appt_date":"1994-02-28","lawsuits":[{"name":"Anestis, James J. vs City of New York, et al.","start_date":"2013-12-26","disposition_date":"2014-09-30","payout_amount":35000,"disposition":"Settlement","docket":"13CV07125","court":"U.S. District Court - Eastern District NY","officer_name":"Vogt, Matthew","summary":"On December 19, 2010, at approximately 2:20 AM, Plaintiff was riding his motor vehicle when Officer Matthew Kwiecinski allegedly observed Plaintiff's vehicle make a left turn without signaling and pulled Plaintiff over. Plaintiff was stopped and detained against his will. Officer Kwiecinski requested Plaintiff's driver's license and registration, which Plaintiff complied with, and then ordered him out of the vehicle for a field breath test. Plaintiff peacefully declined to submit to the test. He was not intoxicated nor displayed intoxication. Officer Kwiecinski then placed him under arrest and charged him with driving while intoxicated and with refusal to take a breath test. Plaintiff was taken to the precinct, where Officer Kwiecinski completed an arrest report where he indicated that Plaintiff's physical condition was \"apparently normal\" and that \"drugs used: none.\" He also made a video recording of Plaintiff at the precinct. Plaintiff was jailed/detained at the precinct for approximately eighteen hours before being released on his own recognizance. As a result of the arrest, Plaintiff's vehicle was seized and impounded from December 19, 2010, to August 2011. \n\nPlaintiff was charged in Queens Criminal Court with the crime of driving while intoxicated, refusal to take a breath test, and failure to signal when turning. On July 26, 2011, a hearing was held before a criminal court judge. At the hearing, Officer Kwiecinski testified that other than observing Plaintiff's failure to signal his left turn, he did not observe anything about Plaintiff's driving that was unreasonable or improper. He also testified that he did not observe signs of intoxication or lack of coordination. The videotape recording was viewed as evidence; during questioning, Officer Kwiecinski admitted that Plaintiff did not show physical signs of intoxication. He also testified that he intentionally lied on the arrest report, admitting that the Department trained him and other officers to lie on arrest reports by falsely indicating that an arrestee's physical condition was not intoxicated. The purpose was to prevent taking arrestees to the hospital, where they could obtain an independent medical evaluation that would demonstrate that they were not intoxicated. On September 14, 2011, the judge found that Officer Kwiecinski had no probable cause to stop or arrest Plaintiff. On January 26, 2012, the criminal charges of driving while intoxicated and violation of turning without signaling were dismissed. Plaintiff incurred extensive expenses due to the deprivation of his motor vehicle.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nyed.350330/gov.uscourts.nyed.350330.1.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/4323059/anestis-v-city-of-new-york/"}],"documents":[{"url":"https://www.documentcloud.org/documents/24441170-bronx-notified-officers-list-edited_redacted-redacted_redacted","type":"credibility-finding"}],"id":"C9UX","url":"https://www.50-a.org/officer/C9UX"}