{"active":false,"first_name":"James","last_name":"Malpeso","race":"Hispanic","gender":"Male","rank":"DT1","command":{"command":"NARCBSI","assignment_date":"2024-12-17","id":"204"},"shield_no":2939,"ended_date":"2025-01-02","taxid":"932948","complaint_ids":[202203030,202301201,202200228,202106152,202100964,202100960,201905128,201308793,201202786,200917872,200906462,200818654,200716428],"appt_date":"2003-07-01","middle_initial":"V","shield_no_history":[5261],"lawsuits":[{"name":"Vargas, Felipe vs The City of Ny, et al.","start_date":"2024-04-02","payout_amount":0,"disposition":"","docket":"152262/2023","court":"Supreme Court - Richmond","summary":"On December 8, 2020, the defendants unlawfully stopped the plaintiff's vehicle without reasonable suspicion, probable cause, or legal justification. The officers immediately ordered the plaintiff to exit the vehicle, and he complied. They then unlawfully pulled down the plaintiff's pants and conducted a strip search on a public street. An officer pulled the elastic of the plaintiff's underwear and released it, causing it to snap painfully against his skin. None of the officers were wearing masks, exposing the plaintiff to COVID-19 risk, and one officer, without wearing gloves, grabbed the plaintiff's genitals, squeezed his testicles, and ran his hand between the plaintiff's buttocks, causing extreme pain.\n\nWhen the plaintiff requested medical attention after being assaulted, the officers refused. They unlawfully handcuffed and falsely arrested him without probable cause and transported him against his will to the 122nd Precinct. At the precinct, the plaintiff was unlawfully searched, fingerprinted, photographed, interrogated, and detained in a filthy holding cell for many hours. The officers further assaulted and battered the plaintiff, using excessive force by punching and kicking him, resulting in bruises, lacerations on his back, face, and buttocks, and three cracked teeth.\n\nThe officers also conducted an unlawful body cavity search, using a hooked knife to rip off the plaintiff's pants and placing their hands inside his buttocks and anus, causing extreme pain, scratches, and bleeding. The defendant officers denied the plaintiff due process and maliciously prosecuted him by providing the Richmond County District Attorney's Office with false, misleading, and incomplete information about the basis for his arrest. This led to the initiation of a criminal prosecution without probable cause. The defendants signed and executed a criminal court complaint containing false and misleading information under oath.\n\nThe prosecution maliciously continued for approximately four months, during which the plaintiff made several court appearances. Ultimately, the charges of Criminal Possession of a Controlled Substance in the Third and Fifth Degrees were dismissed and sealed in their entirety on or about June 7, 2022, terminating in the plaintiff's favor.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=6Lz5jttK5pO7hPStHsqysg==","type":"complaint"}]},{"name":"Velazquez, Erik vs The City of Ny, et al.","start_date":"2024-04-02","payout_amount":0,"disposition":"","docket":"152261/2023","court":"Supreme Court - Richmond","summary":"On December 8, 2020, at approximately 3:00 pm, plaintiff was lawfully driving home from the supermarket in the vicinity of 205 Mill Road, Staten Island, New York 10306 when Defendants Mathew Reich, Michael Forster, Dominick Libretti, Christian Cataldo, James Malpeso, Michael Dalbero unlawfully stopped the vehicle, without reasonable suspicion, probable cause or any legal justification. Before plaintiff had an opportunity to exit the vehicle, defendants reached inside of the vehicle, opened the door and pulled plaintiff out of the vehicle where he was searched, handcuffed, and falsely arrested. Defendants then transported Plaintiff to the 122nd Precinct where he was unlawfully searched three additional times. Defendants did not recover any illegal weapons, drugs, or contraband pursuant to the unlawful strip search of plaintiff.\n\nDefendant officers began to walk plaintiff down the stairs, where they pushed plaintiff and caused him to lose his balance and fall down the entire flight of stairs while handcuffed. The excessive force used by the officers caused plaintiff’s shoulder to hit the stairs, and the fall caused plaintiff to suffer injuries to his right shoulder, head, arms, wrists, pelvic bone and legs, causing plaintiff to scream in pain and suffer severe contusions throughout his body. Defendant officers then forced Plaintiff into a small room, hitting his head against a metal door, causing Plaintiff to suffer injuries to his head and to lose consciousness. Ambulance was called to the precinct and defendants had plaintiff transported to Seaview Hospital for a body cavity search of plaintiff to be conducted. After plaintiff was discharged from the hospital he was transported to Central Booking and  was arraigned on in Richmond County Criminal court on December 9, 2020, and later Plaintiff was released from custody on his own recognizance at arraignment.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=VKCyTH5mpZjIM_PLUS_ybwkgRZg==","type":"complaint"}]},{"name":"Black, Jamell vs City of Ny, et al.","start_date":"2023-04-11","payout_amount":0,"disposition":"","docket":"150658/2023","court":"Supreme Court - Richmond","summary":"On April 8, 2020, when plaintiff was asleep at his mother’s home while his brother, sister, mother, and cousin were also asleep in the home, a dozen police officers bursting through the door and punched him in the face and chest, threw him on the floor, and handcuffed him. Soon after, plaintiff and his brother were put into a police vehicle and police then searched their home. Detective James Malpeso (Sheild 2939) signed the criminal complaint accusing plaintiff of a serious of crimes. The criminal case was eventually dismissed on October 19, 2020.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=S56i8oQqLik9okMO6qdQbQ==","type":"complaint"}]},{"name":"Moreno, Elvis vs City of Ny, et al.","start_date":"2022-07-26","disposition_date":"2025-08-01","payout_amount":650000,"disposition":"Settlement","docket":"22CV04111","court":"U.S. District Court - Eastern District NY","summary":"On June 10, 2015, the plaintiff was arrested by defendant James Malpeso and prosecuted based on false claims made by defendants James Malpeso, Undercover 210, and Raymond Wittick that Plaintiff was involved in a conspiracy to sell heroin and that he participated in the sale of heroin with Undercover Officer on April 25, 2015 and on May 1, 2015. As a result, Plaintiff was sentenced to 7 years imprisonment on July 31, 2018. He was incarcerated for two years and nine months before his conviction was dismissed on April 14, 2021.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nyed.482573/gov.uscourts.nyed.482573.21.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/63590695/moreno-v-city-of-new-york/"},{"name":"Valentino, Tammy, et al. vs City of New York, et al.","start_date":"2014-04-22","disposition_date":"2014-07-17","payout_amount":0,"disposition":"Zero Disposition","docket":"14CV02490","court":"U.S. District Court - Eastern District NY","officer_name":"Malpeso, James","url":"https://www.courtlistener.com/docket/13051035/valentino-v-city-of-new-york/"},{"name":"Wilson, James vs City of New York, et al.","start_date":"2013-11-01","disposition_date":"2015-02-05","payout_amount":75000,"disposition":"Settlement","docket":"13CV05743","court":"U.S. District Court - Eastern District NY","officer_name":"Malpeso, James","summary":"On July 20, 2012, plaintiff was a lawful motorist, stopped at a red light at Broad and Gordon Streets, Staten Island, when a police vehicle pulled in front of plaintiff's vehicle. Three additional police vehicles arrived. A defendant officer opened plaintiff's driver's side door and attempted to pull plaintiff out of the vehicle. The officer grabbed and choked plaintiff. A defendant officer then opened plaintiff's passenger side door, placed plaintiff's car in park, and released his seatbelt. Plaintiff was forcefully removed from the vehicle, thrown to the ground, and handcuffed. Plaintiff was repeatedly kicked and punched in the face, back, side, chest, stomach, and legs, before and after he was handcuffed. After beating plaintiff, defendant officers stood him up and searched him. Plaintiff asked what he had done. \n(Complaint is missing page 4, points 21 through 29, describing the remainder of facts and procedural history of this matter.)","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nyed.348057/gov.uscourts.nyed.348057.1.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/13138423/wilson-v-city-of-new-york/"},{"officer_name":"Malpeso, James","disposition":"Settlement","start_date":"2012-08-28","disposition_date":"2013-03-05","court":"U.S. District Court - Eastern District NY","docket":"12CV04114","name":"Gibson, Elizabeth, et Al vs City of New York, et al.","payout_amount":36000,"documents":[{"url":"https://www.documentcloud.org/documents/4919609-Gibson-et-al-v-The-City-of-New-York-et-al"}],"url":"https://www.courtlistener.com/docket/6081218/gibson-v-the-city-of-new-york/"},{"officer_name":"Malpeso, James","disposition":"Settlement","start_date":"2012-06-29","disposition_date":"2013-02-06","court":"U.S. District Court - Eastern District NY","docket":"12CV03117","name":"Johnson, Tyler vs City of New York, et al.","payout_amount":37500,"url":"https://www.courtlistener.com/docket/12957425/johnson-v-city-of-new-york/"},{"name":"Davis et al v. City Of New York et al","court":"U.S. District Court - Eastern District NY","payout_amount":40000,"disposition":"Settlement","documents":[{"url":"https://www.documentcloud.org/documents/4918986-Davis-et-al-v-City-Of-New-York-et-al"}],"docket":"10CV01260","officer_name":"James V. Malpeso"},{"name":"Patterson et al v. City of New York et al","court":"U.S. District Court - Eastern District NY","plaintiff_race":"Black or African American","payout_amount":285000,"disposition":"Settlement","summary":"Defendant Officers Boan and Wittich arrested Plaintiffs, using excessive force on some, and took them to the 120th Precinct, where some Plaintiffs were strip searched. All charges (not specified) against Plaintiffs were later dismissed.","documents":[{"url":"https://www.documentcloud.org/documents/4918961-Patterson-et-al-v-City-of-New-York-et-al"},{"url":"https://www.documentcloud.org/documents/4918962-Patterson-et-al-v-City-of-New-York-et-al"}],"docket":"10CV00231","officer_name":"James V. Malpeso"},{"name":"Humphreys et al v. City of New York et al","court":"U.S. District Court - Eastern District NY","payout_amount":35000,"disposition":"Settlement","documents":[{"url":"https://www.documentcloud.org/documents/4919029-Humphreys-et-al-v-City-of-New-York-et-al"},{"url":"https://www.documentcloud.org/documents/4919030-Humphreys-et-al-v-City-of-New-York-et-al"}],"docket":"10CV03011","officer_name":"James V. Malpeso"},{"name":"Ross et al v. City Of New York et al","court":"U.S. District Court - Eastern District NY","payout_amount":38500,"disposition":"Settlement","documents":[{"url":"https://www.documentcloud.org/documents/4919231-Ross-et-al-v-City-Of-New-York-et-al"}],"docket":"11CV01958","officer_name":"James V. Malpeso"},{"name":"Gbor v. The City of New York et al","court":"U.S. District Court - Eastern District NY","payout_amount":38000,"disposition":"Settlement","documents":[{"url":"https://www.documentcloud.org/documents/4919276-Gbor-v-The-City-of-New-York-et-al"},{"url":"https://www.documentcloud.org/documents/4919277-Gbor-v-The-City-of-New-York-et-al"}],"docket":"11CV02824","officer_name":"James V. Malpeso"},{"name":"Garcia v. City of New York et al","court":"U.S. District Court - Eastern District NY","payout_amount":22500,"disposition":"Settlement","documents":[{"url":"https://www.documentcloud.org/documents/4919500-Garcia-v-City-of-New-York-et-al"}],"docket":"12CV01707","officer_name":"James V. Malpeso"},{"name":"Baez v. The City of New York et al","court":"U.S. District Court - Eastern District NY","summary":"Defendant Officers stopped Plaintiff's car and arrested him on trumped up charges of 195.05, 220.03, VTL 511.2A and VTL 511.1A. The case was later dismissed.","documents":[{"url":"https://www.documentcloud.org/documents/5379033-Baez-v-The-City-of-New-York-et-al"}],"docket":"16CV04468","officer_name":"James V. Malpeso"},{"name":"Santori v. City of New York et al","court":"U.S. District Court - Eastern District NY","payout_amount":15000,"disposition":"Settlement","documents":[{"url":"https://www.documentcloud.org/documents/4921980-Santori-v-City-of-New-York-et-al"},{"url":"https://www.documentcloud.org/documents/4921981-Santori-v-City-of-New-York-et-al"}],"docket":"07CV04873","officer_name":"James V. Malpeso"},{"name":"Bunche v. The City of New York et al","court":"U.S. District Court - Southern District NY","payout_amount":45000,"disposition":"Settlement","documents":[{"url":"https://www.documentcloud.org/documents/4919124-Bunche-v-The-City-of-New-York-et-al"}],"docket":"10CV05731","officer_name":"James V. Malpeso"},{"name":"Cummings v. The City of New York et al","court":"U.S. District Court - Southern District NY","payout_amount":200000,"disposition":"Settlement","documents":[{"url":"https://www.documentcloud.org/documents/4919772-Cummings-v-The-City-of-New-York-et-al"},{"url":"https://www.documentcloud.org/documents/4919773-Cummings-v-The-City-of-New-York-et-al"}],"docket":"13CV00640","officer_name":"James V. Malpeso","url":"https://www.courtlistener.com/docket/4351709/cummings-v-the-city-of-new-york/"}],"discipline":[{"disposition_date":"2024-05-17","case_no":"2023-28121","penalty":"B - Command Discipline, vacation days (8 days)","recommendation":"Charges and Specifications","allegations":[{"desc":"Wrongful entry of a premises."},{"desc":"Wrongful search of a premises."}]},{"disposition_date":"2023-09-08","case_no":"2023-28977","recommendation":"Command Discipline - A","allegations":[{"desc":"Violated patrol rules."}]}],"image":"https://www.50-a.org/images/officer/TXCR-james-malpeso.jpg","id":"TXCR","url":"https://www.50-a.org/officer/TXCR"}