{"active":true,"first_name":"Fabian","last_name":"Modesto","race":"Hispanic","gender":"Male","rank":"SGT","command":{"command":"094 PCT","assignment_date":"2024-03-25","id":"94pct"},"shield_no":2591,"taxid":"950897","complaint_ids":[202411123,202405387,202308285,202300505,202204298,202200624,202205245,201904830,201708503,201707730,201705154],"command_history":[{"command":"067 PCT","id":"67pct"}],"appt_date":"2011-07-06","middle_initial":"R","shield_no_history":[8846,7125],"lawsuits":[{"name":"Forde, Peter vs City of New York, et al.","start_date":"2026-04-23","payout_amount":0,"disposition":"","docket":"511168/2026","court":"Supreme Court - Kings"},{"name":"Cammock, Tristan vs City of Ny, et al.","start_date":"2025-04-21","payout_amount":0,"disposition":"","docket":"502369/2025","court":"Supreme Court - Kings"},{"name":"Small, Antonio vs City of Ny, et al.","start_date":"2025-01-03","payout_amount":0,"disposition":"","docket":"524141/2024","court":"Supreme Court - Kings"},{"name":"Baptiste, Thomas, et al. vs The City of Ny, et al.","start_date":"2024-06-13","payout_amount":0,"disposition":"","docket":"513928/2024","court":"Supreme Court - Kings","summary":"On May 20, 2023 at approximately 1:00 AM in the vicinity of Linden Boulevard and Brooklyn Avenue Plaintiffs Baptiste and Joseph were detained by POs Christian Perez, Martin Moraalmonte, Nicholas Cardieri, Carlos Alvarez, Francesa Lovertro, Julio Martinez, Ihab Ginem, Larry Feng, Dennis Diaz, Leonardo Deoliveiri, Derrick DeJonge, Dennis Wu, Sarah Chironno, Jefrey Aguilera, Mehmet Knabur, Fabian Modesto, Daniel McDonald, and Anthony Warner when Plaintiffs flashed their headlights. The POs blocked the vehicle with marked and unmarked police cars and commanded Plaintiffs to exit their car. The POs had their weapons unholstered and drawn at Plaintiffs. Male PO DeJonge then searched Plaintiff Joseph, who is a female and objected to being searched by a male. PO DeJong stated \"He can do what he wants\" as he searched her waist and breast area. Plaintiff was then taken to the 67th Precinct without being told why she was detained, searched, handcuffed, and arrested. Plaintiff Joseph was not issued a Summons or Desk Appearance Ticket. The vehicle was impounded and kept at the precinct. \n\nPlaintiff Baptiste was also subject to an illegal search while handcuffed. PO DeJonge broke the vehicle's rear window wiper and shattered the rear window with his flashlight. Plaintiff Baptiste objected and was told to \"shut up\" with guns and tasers drawn on him. Plaintiff Baptiste was taken to the 74th Precinct where he was ordered to take a breathalyzer. Plaintiff Baptiste asked to urinate and POs John Doe 1 - 6 told him if he took the test he could urinate. The POs never conducted the test. Plaintiff Baptiste was detained overnight and released without any financial or personal restrictions.","documents":[{"url":"https://web.archive.org/web/20240820150121/https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=CWk48JXFEbBqfMBl3Fb0kQ==","type":"complaint"}]},{"name":"Lewis, Jawanza, et al. vs City of Ny, et al.","start_date":"2023-05-09","disposition_date":"2023-07-24","payout_amount":0,"disposition":"Zero Disposition","docket":"23CV03239","court":"U.S. District Court - Eastern District NY","summary":"On November 22, 2019, Plaintiffs Lewis and Andrew were unlawfully stopped and arrested by NYPD officers. After their allegedly false arrest, Lewis was issued a traffic ticket which was dismissed for lack of evidence on May 21, 2020. The Complaint states that upon information and belief, criminal charges for possession of marijuana were dismissed for lack of evidence as well. Plaintiffs allege that they were pushed; tightly handcuffed to the point of numbness in their hands; forced to walk to the end of the street in a humiliating fashion; unlawfully searched; interrogated about guns and gangs at the local precinct; that items were moved, damaged, or missing from Mr. Andrew's vehicle which was impounded; and that every officer present failed to intervene to protect the Plaintiffs.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nyed.496632/gov.uscourts.nyed.496632.1.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/67291262/lewis-v-the-city-of-new-york/"},{"name":"Kelly, Domonye vs City of Ny, et al.","start_date":"2023-03-14","disposition_date":"2024-09-12","payout_amount":10500,"disposition":"Settlement","docket":"507789/2023","court":"Supreme Court - Kings","summary":"On October 23, 2021, Plaintiff, a black man, was a passenger in a vehicle that had just parked and went to exit said vehicle, when he saw flashlights pointing in his direction and heard an unknown voice yell for him to get back into the car. Before Plaintiff had the opportunity to react, multiple NYPD Defendant Officers pushed Plaintiff back into the car by pushing the door closed. Several moments later, Defendant Officers Hassan, Modesto, and John Doe(s) directed Plaintiff to step out of the car and then immediately seized Plaintiff’s person, placing him up against the vehicle. Defendants then searched Plaintiff and the vehicle, recovering no contraband. Immediately thereafter, Defendants placed Plaintiff under arrest by handcuffing his arms tightly behind his back. Defendants then transported Plaintiff into custody, at which point Defendant Officers Hassan, Modesto, and John Doe(s) falsely stated that they had observed Plaintiff reaching back behind the front driver’s side seat at the time Defendant’s first approached plaintiff. Defendants further falsely stated that they observed and recovered a black firearm from behind the front driver’s seat and observed it was loaded.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=GRFA9ebLG7MCyA5mx7n63Q==","type":"complaint"}]},{"name":"Williams, Merrick vs City of Ny, et al.","start_date":"2023-02-02","disposition_date":"2025-09-24","payout_amount":90000,"disposition":"Settlement","docket":"502330/2023","court":"Supreme Court - Kings","summary":"On November 11, 2021, Plaintiff was standing in his driveway smoking a cigarette when PO Fabian Modesto and more than 12 other unknown POs rushed him . Plaintiff did not know the individuals were NYPD officers, nor did they identify themselves as such—alternatively, he did not hear them identify themselves. To avoid what he perceived to be a robbery, Plaintiff ran into his backyard. The POs followed him into his backyard and tripped him as he attempted to enter his house. Plaintiff's body smacked the cement and metal stairs resulting in injuries to his hands, knees, and head. The POs then hit Plaintiff's knees with a baton or flashlight and bashed his head against the metal stairs several times, telling Plaintiff that they were going to shoot him. Plaintiff repeatedly requested medical treatment, which the POs denied. After six hours in custody, he was transported to Kings County Hospital. Eventually he was transported to Central Booking, where the DA deferred his prosecution. Plaintiff was held in custody for 15 days, and suffered a physically while in custody at Ryker's Island. Ultimately Plaintiff was released from parole custody on November 25, 2021.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=DRvthDrORqDCJKQ28UWNWQ==","type":"complaint"}]},{"name":"Samuels, George vs City of Ny, et al.","start_date":"2022-09-19","disposition_date":"2024-01-11","payout_amount":39000,"disposition":"Settlement","docket":"527228/2022","court":"Supreme Court - Kings","summary":"On November 11. 2021, Plaintiff was unlawfully stopped, searched and arrested by PO Fabia Modesto Sergeant Richard Ocasio and 8 unidentified members of the NYPD.  He as accused of standing in the street and blocking traffic.  During the arrest, Plaintiff was assaulted by Modesto, Ocasio and the unidentified officers using excessive force, and, was tasered in the testicles by PO Modesto.  At Kings County Hospital, where he was taken for treatment, medical records indicate that a taser prong was removed from his scrotum. \nAfter incarceration for 2 days, the DA declined to prosecute and he was released from Central Booking.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=gBLfDVH3SQPkmG8VLzs34w==","type":"complaint"}]},{"name":"Thompson, Orelenzo vs City of Ny, et al.","start_date":"2022-01-04","disposition_date":"2024-10-25","payout_amount":30000,"disposition":"Settlement","docket":"532917/2021","court":"Supreme Court - Kings","summary":"On January 1, 2020, P.O. stopped Plaintiff while He was lawfully attending a New Year party at 1119 Wilmohr Street and en route to his New Year's gig as a DJ. Without probable cause, P.O.s searched Plaintiff and transported him to the 67th Precinct. At the 67th Precinct, Plaintiff was searched again, photographed, had his outer clothing removed, and placed into a holding cell. The radiator in the holding cell was broken, and it was extremely cold in the cell. The plaintiff told P.O.s that he was cold and that the radiator was broken, and they did nothing. Plaintiff remained at the Precinct for approximately 24 hours. P.O.s unlawfully interrogated Plaintiff about a firearm, which he knew nothing about.  The plaintiff had to remain at Central Bookings in custody for another 20 hours. District Attorney declined to prosecute Plaintiff on the gun case but forced defend himself against the unlawful and false allegations of Criminal Mischief. Plaintiff was released on January 2, 2020.  On November 30, 2020, a criminal case against the Plaintiff was dismissed.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=gH2aG3R7bRuj1vJShusr/g==","type":"complaint"}]},{"name":"Lewis, Jawanza, et al. vs City of Ny, et al.","start_date":"2021-08-16","payout_amount":0,"disposition":"","docket":"519597/2021","court":"Supreme Court - Kings","summary":"On or about November 22, 2019, Defendant Police Officers arrested Plaintiffs Jawanza Lewis and Devon Andrew, without cause, at or within the vicinity of Plaintiff Lewis’ home and initially did not charge Plaintiffs with any crime or offense. Prior to the arrest, Plaintiffs were attending a funeral with Plaintiff Lewis driving his car and Plaintiff Andrew seated in the front passenger seat. Initially, Defendant Police Officers partially blocked Plaintiff Lewis as he was pulling out of his driveway and, thereafter, immediately pulled him over. Earlier on November 21, 2019, Defendant Police Officers had accosted Plaintiff Andrew and their friends while they were located across from Plaintiff Lewis’ home. When Plaintiff Lewis attempted to intervene at the time to find out what was going on, Defendant Police Officers threatened to arrest him and directed him to return back to his home. Upon pulling Plaintiffs over, Defendant Police Officers immediately directed them to step out of the vehicle. Once Plaintiffs stepped out of the vehicle as they were directed, Defendant Police Officers forcibly grabbed Plaintiffs, pulling and pushing them, and proceeded to tightly handcuff Plaintiffs with their hands placed behind their backs causing Plaintiffs to experience pain and numbness in their hands. Defendant Police Officers essentially perp walked Plaintiffs from Plaintiff Lewis’ home to the end of his street where they were eventually placed inside a\npolice vehicle and transported to NYPD-67th Precinct. While at the precinct, Defendant Police Officers subjected Plaintiffs to illegal and unlawful search. Defendant Police Officers also seized and/or impounded Plaintiff Lewis’ vehicle, drove it to the precinct, and, upon information and belief, performed an illegal and\nwarrantless search of the vehicle. Defendant Police Officers interrogated Plaintiffs at the precinct for a lengthy period of time asking them questions about guns and gangs in their neighborhood, and indicated that Plaintiff Lewis should not have questioned them or tried to intervene in the November 21, 2019 incident.\nOn the next day, Defendant Police Officers issued a traffic ticket to Plaintiff Lewis\nfalsely charging him with N.Y. Veh. & Tr. L. § 375(12-a)(b)(2) ‘Equipment’, and also caused a legal process to issue against Plaintiff Andrew falsely charging him with N.Y. PL 221.05 ‘Unlawful possession of marihuana’. Upon release, Plaintiff Lewis’ vehicle was also released to him and Plaintiff Lewis observed that the vehicle was\nthoroughly searched and that several items were moved around, damaged and/or missing. Plaintiffs subsequently appeared in the traffic court and the criminal court to defend the false charges levied against them. The false charges levied against Plaintiffs Lewis and Andrew were eventually dismissed for lack of evidence.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=d6vfb1hicWQFQTWqpcitxw==","type":"complaint"}]},{"name":"King, Justin vs City of Ny, et al.","start_date":"2021-04-08","disposition_date":"2022-07-12","payout_amount":50000,"disposition":"Settlement","docket":"20CV06077","court":"U.S. District Court - Eastern District NY","summary":"On May 25, 2019, Plaintiff was driving an electric scooter when a black Impala vehicle suddenly drove up alongside him and dangerously cut him off for no apparent purpose. Plaintiff evaded the vehicle and drove off. A person jumped out of the vehicle threatening to shoot him. Realizing the people in the vehicle could be plainclothes police officers, Plaintiff then stopped his scooter and lied down on the pavement in front of a busy restaurant, and put his body in a “star” position to show he was not a threat. The plainclothes police officers ran up to him and one purposefully and with great force came down onto the side of Plaintiff’s face with his knee, fracturing his nose. The same officer then pointed his gun right in front of and directly at Plaintiff’s face even though Plaintiff remained in the star position showing he was not a threat. A Defendant officer also pointed a gun at Plaintiff’s back while he was face down on the ground and pushed the point of the gun against Plaintiff’s back. Plaintiff was taken to Kingsbrook Hospital in the custody of the police. An officer attempted to get the medical discharge records from the nurse in an attempt to cover up the misconduct causing Plaintiff’s injury. The nurse refused but the papers were later taken from him by officers. At the precinct, the desk sergeant attempted to intimidate Plaintiff by coming to his cell and telling him to stop making false accusations against his officers, which he did not.  Plaintiff was arrested and falsely charged with a felony and misdemeanor. He denies committing any crime or violation and spent 31 hours in custody before being released. All charges were dismissed against him.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nyed.457126/gov.uscourts.nyed.457126.23.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/18741359/king-v-the-city-of-new-york/"},{"name":"Lewis, Angeleta, et Al vs City of New York, et al.","start_date":"2020-12-15","disposition_date":"2021-10-11","payout_amount":45000,"disposition":"Settlement","docket":"20CV05690","court":"U.S. District Court - Eastern District NY","officer_name":"Modesto, Fabian R.","summary":"On March 26, 2019, the three plaintiffs were inside plaintiff Angeleta Lewis’ home when several NYPD officers, including Defendants Police Officer Fabian Modesto, James Lukeson and Sgt. David Grieco, knocked down the front door of the apartment and stormed in with their guns drawn. They yelled at everyone to get down on the ground and guarded the plaintiffs while they searched the apartment. The officers inquired about the location of Junior, another family member who did not live in the apartment, and the Plaintiffs explained that they did not know of his whereabouts. Despite having no arrest warrant, finding no contraband and having no reasonable suspicion that a crime had been committed, Defendants handcuffed Plaintiffs and drove them in a police van to the 67th precinct. There, they were subjected to a search and forced to sit handcuffed to the wall for six hours. The officers interrogated plaintiffs about how to find Junior and unlawfully confiscated Angeleta Lewis's phone. After Junior voluntarily came to the precinct, plaintiffs were released without any charges filed against them.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nyed.456277/gov.uscourts.nyed.456277.1.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/18680679/lewis-v-city-of-new-york/"},{"name":"Febus, Adrian, et Al vs City of New York, et al.","start_date":"2020-09-02","disposition_date":"2022-04-05","payout_amount":15000,"disposition":"Settlement","docket":"20CV04091","court":"U.S. District Court - Eastern District NY","officer_name":"Modesto, Fabian R.","summary":"On or about January 4, 2019, while walking on the sidewalk to a pool hall, Febus heard approximately three gun shots and then approached by police officers who asked him if he had heard any gun shots. He responded affirmatively whereupon P.O. Kristopher searched him. No weapon or contraband was found. Febus then entered the pool hall. Detectives and officers entered the pool hall and then handcuffed and arrested plaintiffs who complied and did not resist arrest. Plaintiffs were taken to a precinct where they were searched. An officer falsely told Febus that they were caught on camera shooting a firearm. Another falsely told James that a gun was found on them. Plaintiffs did not go before a Judge. Plaintiff Febus was charged with possession of a firearm in the second degree.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nyed.452409/gov.uscourts.nyed.452409.1.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/18200350/febus-v-city-of-new-york/"},{"name":"Adams, Andrew vs City of New York, et al.","start_date":"2020-05-28","disposition_date":"2021-08-12","payout_amount":40000,"disposition":"Settlement","docket":"507901/2020","court":"Supreme Court - Kings","officer_name":"Modesto, Fabian R.","summary":"On January 1, 2020, at approximately 1:00 AM, plaintiff was present in the vicinity of 1119 Willmohr Street, in the borough of Brooklyn, when police officer Fabian Modesto and unidentified police officers (John Does 1-10) unlawfully handcuffed and falsely arrested plaintiff.\n\nMore specifically, plaintiff was present at a new year's eve party when police officers showed up. The officers started asking attendees questions about gunshots, including plaintiff. Plaintiff was then told he could go home. Plaintiff was about to go home, but forgot his jacket, including his wallet. When he re-entered the building, he was arrested and handcuffed by the officers. Plaintiff was searched, and no contraband or anything illegal was found on him.\n\nPlaintiff was transported to the 67th Precinct for processing. He was then interrogated about the incident involving gunshots. Plaintiff told the officers he had no knowledge of any guns or shootings. Plaintiff was then transported to Kings County Central Bookings. After approximately 24 hours in unlawful custody,\nPlaintiff was arraigned and charged with havign committed various crimes. All criminal charges against plaintiff were later dismissed and sealed.","documents":[{"url":"https://web.archive.org/web/20240830214949/https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=hUkMaHERcDiOy2fUaaOLVQ==","type":"complaint"}]},{"name":"Powell, Donna vs City of New York, et al.","start_date":"2018-12-20","payout_amount":0,"disposition":"","docket":"525478/2018","court":"Supreme Court - Kings","officer_name":"Modesto, Fabian R.","summary":"On September 19, 2017 at approximately 8:38 pm Plaintiff was inside 1361 Nostrand Avenue 2B in Kings County when Defendants, John Modesta, John Ortega, and John Doe officers of the NYPD approached plaintiff, pinned her on the ground and put their weight on Plaintiff and put her in handcuffs. Plaintiffs told Defendants that she was in pain and that she was pregnant but Defendants ignored Plaintiff. Defendants assaulted and battered Plaintiff with excessive force and Plaintiff lost her unborn child. Plaintiff was falsely arrested, taken into custody and falsely imprisoned and detained. Plaintiff was then taken to Kings County Hospital and held based on false allegations.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=ziF8rVEdyvMFP_PLUS_Nzt5D7hA==","type":"complaint"}]},{"name":"Graham, Naeem vs City of New York, et al.","start_date":"2018-09-20","payout_amount":0,"disposition":"","docket":"518753/2018","court":"Supreme Court - Kings","officer_name":"Modesto, Fabian R.","summary":"On October 12, 2017, Plaintiff, Naeem Graham, was at the intersection of East 34th Street and Church Avenue, Brooklyn, NY, when he was struck by a bullet fired by Police Officer Fabian Modesto, Police Officer Richard Ortega, Police Detective Michael Quinn, and other unidentified officers (John Does). Plaintiff was lawfully present at the intersection, engaging in no illegal activities.\n\nThe officers were allegedly discharging their firearms \"negligently, recklessly, and without probable cause,\" and Plaintiff was injured as a result of this action (p. 5). At no point did Plaintiff pose a threat or provoke any reasonable cause for such action.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=0ZN9J87CZmT08Fe/Sdb//g==","type":"complaint"}]},{"name":"Jackson, Curtis, et al. vs City of New York, et al.","start_date":"2018-04-20","disposition_date":"2021-10-12","payout_amount":100000,"disposition":"Settlement","docket":"18CV02214","court":"U.S. District Court - Eastern District NY","officer_name":"Modesto, Fabian","summary":"Defendant Officers entered Plaintiffs' home without a warrant, arrested them, took them to a precinct, and charged them with various crimes that were later dismissed.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nyed.415912/gov.uscourts.nyed.415912.24.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/7122021/jackson-v-the-city-of-new-york/"}],"discipline":[{"disposition_date":"2023-08-23","case_no":"2023-28385","recommendation":"Charges and Specifications","allegations":[{"desc":"Wrongful threat of force."},{"desc":"Wrongfully discourteous to an individual known to the Department."},{"desc":"Wrongfully used offensive language."}]},{"disposition_date":"2023-07-27","case_no":"2023-28285","penalty":"B - Command Discipline, vacation days (3 days)","recommendation":"Command Discipline - B","allegations":[{"desc":"Violated patrol rules - failed to provide a business card"},{"desc":"Wrongfully questioned an individual known to the Department"},{"desc":"Wrongfully searched a vehicle"}]},{"disposition_date":"2023-07-04","case_no":"2021-23587","penalty":"Training","recommendation":"Other","allegations":[{"desc":"Improper use of their body worn camera"}]},{"disposition_date":"2022-11-17","case_no":"2022-26794","penalty":"B - Command Discipline, vacation days (1 day)","recommendation":"Charges and Specifications","allegations":[{"desc":"Failed to activate their body-worn camera in a timely manner."},{"desc":"Wrongfully used offensive language towards an individual known to the Department."}]}],"documents":[{"url":"https://www.documentcloud.org/documents/21026611-modesto-bb05c7141f4057981dc436beb262c3a6baab2696","type":"brady-giglio"},{"url":"https://www.documentcloud.org/documents/26087188-8990_cpi_950897_fabian_modesto/","type":"cpi"},{"url":"https://www.documentcloud.org/documents/21056231-modesto-950897-09-01-20","type":"brady-giglio"},{"url":"https://www.documentcloud.org/documents/22085723-seh_950897","type":"employment-history"}],"image":"https://www.50-a.org/images/officer/SDDD-fabian-modesto.jpg","payroll":{"salary":"118056","regular":"117719","overtime":"6606","other":"23494","total":"147820"},"id":"SDDD","url":"https://www.50-a.org/officer/SDDD"}