{"active":true,"first_name":"Derek","last_name":"Rivera","race":"Hispanic","gender":"Male","rank":"DT3","command":{"command":"NARCBMN","assignment_date":"2026-07-24","id":"250"},"shield_no":4356,"taxid":"966808","complaint_ids":[202307248,202308469,202301583,202205410,202202655,202200033,202105462,202202457],"command_history":[{"command":"INT CIS","id":"10"},{"command":"034 PCT","id":"34pct"}],"appt_date":"2018-10-24","middle_initial":"J","shield_no_history":[3041,7512],"lawsuits":[{"name":"Delorbe, Victor vs City of Ny, et al.","start_date":"2025-05-27","payout_amount":0,"disposition":"","docket":"151481/2025","court":"Supreme Court - New York"},{"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":"Rodriguez, Jenny Ind'lly & as Administratix For The Estate of Capellan, Joel vs City of Ny, et al.","start_date":"2023-12-26","payout_amount":0,"disposition":"","docket":"162237/2023","court":"Supreme Court - New York","summary":"On October 16, 2022, Joel Capellan, son of Plaintiff Jenny Rodriguez (who is suing on Capellan's behalf) was attacked by unknown assailants on the street.  Defendant Officers Cesar Gomez, Derek Rivera, Anthony Stabile, and Stephen Tomaszewski were present at the scene and - without announcing themselves as police officers - two of the four defendants fired 34 shots into Capellan's back. The other two officers, who were also present, did not intervene. Mr. Capellan died as a result of his injuries.","documents":[{"url":"https://web.archive.org/web/20240812202620/https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=nQ5zsLG3HYyJgVfnlDPK/g==","type":"complaint"}]},{"name":"Ross, Stefon vs City of Ny, et al.","start_date":"2023-10-10","disposition_date":"2025-08-05","payout_amount":30000,"disposition":"Settlement","docket":"159471/2023","court":"Supreme Court - New York","summary":"On September 28, 2022, Plaintiff was in the vicinity of Opus Lounge when Officers Robert Velsor, Xavier Reynoso, Derek Rivera, and others harassed, stopped, seized, handcuffed, pushed, slammed, punched, kicked, placed their body upon Plaintiff’s back and ankles, and tased Plaintiff without probable cause or reasonable suspicion of any criminal offense. Plaintiff complained about tight handcuffs, which severely injured Plaintiff’s wrists. Other Defendant officers failed to intervene. Plaintiff did not resist arrest and complied with all lawful orders. Plaintiff was not told what he was being arrested for. Defendants falsely stated to the New York County’s District Attorney’s Office that Plaintiff committed a crime without legal or factual basis. The District Attorney’s office charged Plaintiff with several charges, all of which were dismissed.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=LZ2kzUcdDzeKpbBsv5iePw==","type":"complaint"}]},{"name":"Corporan, Rayley vs City of Ny, et al.","start_date":"2022-02-17","disposition_date":"2022-11-07","payout_amount":52500,"disposition":"Settlement","docket":"22CV00502","court":"U.S. District Court - Southern District NY","summary":"On July 22, 2021, plaintiff was on the street when he witnessed members of NYPD accosting his friend. Plaintiff asked the officers why they were accosting his friend and Lt. Victor Velez, P.O. Roger Pfeffer, P.O. Anthony Stabile, and P.O. Zachary Parker violently grabbed plaintiff, sprayed him with a chemical, slammed his head into the hood of a car, and punched, kicked, and kneed him repeatedly. Plaintiff suffered a laceration above his eye, head injuries, eye irritation, and bruising to his torso. Officers handcuffed plaintiff more tightly than was necessary and plaintiff told officers that the cuffs were hurting him but defendants did not loosen them. The cuffs caused lacerations on plaintiff's wrists. Officers then arrested plaintiff for disorderly conduct, resisting arrest, and obstructing governmental administration despite knowing they lacked probable cause. Lt. Victor Velez falsely advised P.O. Derek Rivera that plaintiff had attempted to interfere with his friend's arrest. P.O. Roger Pfeffer falsely advised P.O. Derek Rivera that plaintiff had resisted arrest. \n\nPlaintiff was taken to the precinct and was denied the medical care that he requested for his head injuries. He was held and detained for 30 hours before accepting an adjournment in contemplation of dismissal.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nysd.573548/gov.uscourts.nysd.573548.11.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/62609948/corporan-v-city-of-new-york/"}],"discipline":[{"disposition_date":"2023-08-16","case_no":"2023-28825","recommendation":"Training","allegations":[{"desc":"Wrongfully frisked an individual known to the Department."},{"desc":"Wrongfully searched an individual known to the Department."}]},{"disposition_date":"2023-02-13","case_no":"2022-27703","penalty":"A - Command Discipline","recommendation":"Command Discipline - A","allegations":[{"desc":"Wrongful search of a premises."}]}],"documents":[{"url":"https://www.documentcloud.org/documents/21031308-daf-rivera966808","type":"brady-giglio"}],"image":"https://www.50-a.org/images/officer/SPQX-derek-rivera.jpg","payroll":{"salary":"109352","regular":"108510","overtime":"52993","other":"25294","total":"186798"},"id":"SPQX","url":"https://www.50-a.org/officer/SPQX"}