{"active":true,"first_name":"Elliot","last_name":"Zinstein","race":"White","gender":"Male","rank":"SGT","command":{"command":"INS TRN","assignment_date":"2024-10-29","id":"844"},"shield_no":5494,"taxid":"947634","complaint_ids":[202004203,202004315,201803608,201608679,201305477,201110594,201004354],"command_history":[{"command":"BX IRT"},{"command":"033 PCT","id":"33pct"},{"command":"042 PCT","id":"42pct"},{"command":"TRN BUR","id":"485"}],"appt_date":"2008-07-08","middle_initial":"S","shield_no_history":[3152],"lawsuits":[{"name":"Morales, Zuleyka, et Al vs City of Ny, et al.","start_date":"2021-09-07","disposition_date":"2023-11-29","payout_amount":405000,"disposition":"Settlement","docket":"21CV07332","court":"U.S. District Court - Southern District NY","summary":"On June 2, 2020, the Plaintiffs were falsely arrested after participating in a peaceful BLM protest. The plaintiffs were detained for eight hours, required medical treatment, and released with summons which were later on found to be legally deficient. Plaintiffs no longer had to appear in court.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nysd.565884/gov.uscourts.nysd.565884.1.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/60329660/morales-v-city-of-new-york/"},{"name":"Ojeda, Annabella vs City of Ny, et al.","start_date":"2021-07-22","disposition_date":"2022-07-01","payout_amount":24000,"disposition":"Settlement","docket":"21CV05775","court":"U.S. District Court - Southern District NY","summary":"On June 15, 2020, plaintiff was working her shift at Shake Shack.  P.O. Precious Cummings placed a pick-up order and complained that her milkshake tasted strange.  In response, the store manager gave her and other officers with her coupons for free meals.  Another group of officers, including P.O.s  Genesis Nova-Diaz and Edwin Reyes-Estrada, arrived and placed milkshake orders, and later claimed falsely that they had been poisoned.  Yet another group of officers, including P.O.s Elliot Zinstein and Brian Query, arrived and declared the area to be a \"crime scene.\"  Plaintiff and 4 other Shake Shack employees were instructed to remain at the premises.  An unidentified officer demanded to see plaintiff's identification.  P.O.s Cummings, Nova-Diaz, and Reyes-Estrada reported falsely that they had been poisoned with an unknown cleaning agent and became ill from drinking the milkshakes.  The Detectives Endowment Association put out a statement on Twitter claiming falsely that three officers had been poisoned.  Afterward, the hashtag \"BoycottShakeShack\" was trending on Twitter.  At no point was plaintiff told why she was being detained.  Plaintiff was then detained at the precinct for 2 to 3 more hours.  She was questioned in a harassing manner by P.O.s Albert Vitarelli and Det. Lawrence Wien.  Neither plaintiff nor any Shake Shack employee was ever charged with a crime.  None of the officers ever became actually sick (they were released from the hospital after showing no symptoms).  Thereafter, the Shake Shack received threatening comments by members of the public via social media and phone calls.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nysd.562876/gov.uscourts.nysd.562876.48.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/60038193/ojeda-v-city-of-new-york/"},{"name":"Gilliam, Marcus, et Al vs Lynch, Patrick, et al.","start_date":"2021-06-17","disposition_date":"2022-08-04","payout_amount":72000,"disposition":"Settlement","docket":"21CV05263","court":"U.S. District Court - Southern District NY","summary":"On June 15, 2020, three officers ordered shakes from Shake Shack at Fulton Transit center. Officers complained their shake did not taste right and complained to plaintiff Gilliam, who offered them vouchers as an apology. The order was placed on the mobile app, so employees could not have known the order was from officers. Yet the officers accused plaintiffs of putting a toxic substance in their milkshake. However, the officers did not get sick or exhibit any signs of ingesting a toxic substance. Yet, Sergeant Zinstein set up a crime scene at the Shake Shack and detained all employees. Plaintiff cooperated and allowed them to search the premise and watch surveillance video and provided them samples from the shakes.\nDespite the lack of evidence, the DEA tweeted that the Shake Shake had poisoned the officers. Zinstein then arrested plaintiffs and had them taken to the precinct where they were interrogated one by one. Plaintiffs were eventually released at 2;30 AM and no charges were ever filed.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nysd.561912/gov.uscourts.nysd.561912.30.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/59983739/gilliam-v-lynch/"},{"name":"Rosario, Ernesio vs City of New York, et al.","start_date":"2020-07-07","payout_amount":0,"disposition":"","docket":"026930/2020","court":"Supreme Court - Bronx","officer_name":"Zinstein, Elliot S."},{"name":"Fernandez, David, et al. vs City of New York, et al.","start_date":"2017-02-17","payout_amount":0,"disposition":"","docket":"17CV00789","court":"U.S. District Court - Southern District NY","officer_name":"Zinstein, Elliot S.","summary":"Plaintiffs David and Joey Fernandez were in an argument when Joey kicked his bedroom door down, and accidentally hit his brother's nose. Plaintiffs called an ambulance, and when it arrived, police officers also arrived at the scene. The plaintiffs explained the situation to the police officers and said that neither wished to press charges. Police officers arrested both plaintiffs, and when Joey Fernandez asked why, he was pushed to the ground and punched and then taken into a police car. Joey was then put in a chokehold inside the police car. On his way to the precinct, Joey was further brutalized by police officers. Police officers also called Joey a \"faggot\", a \"dickhead\", and accused him of being part of a gang. Once in custody, Joey was told to \"shut the fuck up\" multiple times. David was released without charges, and charges against Joey were ultimately dismissed.","documents":[{"url":"https://www.documentcloud.org/documents/4924789-Fernandez-et-al-v-City-Of-New-York-et-al","type":"complaint"}],"url":"https://www.courtlistener.com/docket/6174340/fernandez-v-city-of-new-york/"},{"name":"Morgan, Michael vs City of New York, et al.","start_date":"2015-10-06","payout_amount":0,"disposition":"","docket":"450630/2016","court":"Supreme Court - New York","officer_name":"Zinstein, Elliot S.","summary":"On August 20th, 2014, at the exit of West highway and W. 172nd St, NY, NY, plaintiff was attempting to buy water for his infant child at the neighborhood grocery store. Plaintiff was assaulted, attacked and verbally assaulted with racial slurs by defendants of the 33rd police precinct. Plaintiff was stopped by defendant officers using tight handcuffs on him. Defendants arrested plaintiff and charged him with Resisting Arrest. Plaintiff complained to defendants the handcuffs were tight and causing pain. Plaintiff requested medical assistance. Defendants ignored plaintiff's pleas for medical assistance.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=GKQErUjh0K3xp1z2nRFtlg==","type":"complaint"}]},{"officer_name":"Zinstein, Elliot S.","disposition":"Settlement","start_date":"2012-07-12","disposition_date":"2013-06-06","court":"U.S. District Court - Southern District NY","docket":"12CV05367","name":"Scotch-Marmo, August vs City of New York, et al.","payout_amount":24000,"url":"https://www.courtlistener.com/docket/12961447/scotch-marmo-v-the-city-of-new-york/"}],"discipline":[{"disposition_date":"2024-05-14","case_no":"2022-25457","penalty":"B - Command Discipline, vacation days (5 days)","recommendation":"Command Discipline - B","allegations":[{"desc":"Wrongfully used physical force."}]},{"disposition_date":"2024-05-14","case_no":"2022-25457","penalty":"B - Command Discipline, vacation days (10 days)","recommendation":"Charges and Specifications","allegations":[{"desc":"Wrongfully used physical force."}]},{"disposition_date":"2019-03-19","case_no":"2019-19972","penalty":"Vacation days (10 days)","charges":[{"desc":"Did wrongfully engage in off-duty employment without the necessary permission and approval of the Department.","disposition":"Guilty"}],"documents":[{"name":"Employment History Summary","url":"https://www.documentcloud.org/documents/22085616-seh_947634","type":"employment-history"}]},{"case_no":"2013-10190","disposition_date":"2015-02-06","penalty":"Charges and Specifications dismissed and respondent given schedule \"a\" Command Discipline","opened_date":"2013-08-08","charges":[{"desc":"Failed to appear at Traffic Violations Bureau, resulting in the dismissal of sixteen (16) summonses against thirteen (13) different motorists","disposition":"Dismissed"}],"documents":[{"name":"Document","url":"https://www.documentcloud.org/documents/4418973-nypd-cases-032.html"}]}],"documents":[{"url":"https://www.documentcloud.org/documents/24441170-bronx-notified-officers-list-edited_redacted-redacted_redacted","type":"credibility-finding"}],"image":"https://www.50-a.org/images/officer/FCJF-elliot-zinstein.jpg","payroll":{"salary":"118056","regular":"117719","overtime":"55521","other":"18372","total":"191612"},"news":[{"url":"https://www.nyc.gov/assets/ccrb/downloads/pdf/policy_pdf/issue_based/2020NYCProtestReport.pdf","title":"2020 NYC Protests","source":"CCRB","date":"2023-01-24"},{"title":"After Arrest, Possible Favored Treatment of Bronx Prosecutor Was Not Investigated","url":"https://www.nytimes.com/2011/04/30/nyregion/possible-favored-treatment-of-jennifer-troiano-was-not-investigated.html","source":"New York Times","date":"2011-04-29"}],"id":"FCJF","url":"https://www.50-a.org/officer/FCJF"}