{"active":false,"first_name":"Damian","last_name":"Rivera","race":"Hispanic","gender":"Male","rank":"DTS","command":{"command":"SRG 2","id":"SRG2"},"shield_no":1406,"ended_date":"2020-10-01","taxid":"922858","complaint_ids":[201303038,201302902,201110542,201106032,200915303,200801544,200509697,200500548,200410174,200409053,200404017,200101264],"command_history":[{"command":"PSA 8","id":"PSA8"},{"command":"NARCBBX"}],"appt_date":"1998-09-10","lawsuits":[{"name":"Santaliz, Luis vs City of Ny, et al.","start_date":"2021-12-21","disposition_date":"2022-03-31","payout_amount":25000,"disposition":"Settlement","docket":"817141/2021E","court":"Supreme Court - Bronx","summary":"On August 25, 2015, Detective Franco and other defendant POs approached the plaintiff when he was inside the bodega at 423 East 138st Street. Detective Franco and other defendant POs took the plaintiff off the streets and grabbed him by the arm. Outside the bodega, defendants then searched and handcuffed the plaintiff and then transported the plaintiff to the 40th Police Precinct, where the plaintiff was searched and photographed. Around $600 cash was taken from plaintiff's person. Plaintiff was interrogated without Miranda warnings or an attorney present by Detective Franco. Plaintiff was transported to Central Bookings and the went before a judge. The defendants provide false information for the prosecution that the plaintiff was engaged in possession of a controlled substance and related offenses. Plaintiff was unable to make bail for around 30 days, during which he was housed pre-trail at Riker's Island. While at Riker's Island, plaintiff was not given any of his prescribed medication. Upon release, plaintiff was told by his public defender that he would get years in prison if he did not plead guilty although plaintiff told his defender he was innocent. On March 8, 2016, plaintiff entered a plead guilty. Detective Franco's perjury arrest caused the Bronx County District Attorney's Office to re-investigate plaintiff's arrest, incarceration and conviction. The plaintiff's conviction was vacated and all charges were dismissed and sealed on July 14, 2021.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=6b9ZV89kiJ8KAmhriol4wQ==","type":"complaint"}]},{"name":"Payne, Jarrett, et Al vs De Blasio, Bill, et al.","start_date":"2020-10-26","payout_amount":0,"disposition":"","docket":"20CV08924","court":"U.S. District Court - Southern District NY","officer_name":"Rivera, Damian","summary":"During the protests in response to the killing of George Floyd in May and June 2020, Plaintiffs who were peacefully protesting against police violence and misconduct, were unlawfully arrested, subjected to excessive force including assault and battery with batons, pepper spray, and excessively tight handcuffs. NYPD Officers ignored requests for medical help, did not wear masks despite the Covid-19 pandemic, refused to acknowledge protestor pronouns, discriminated against protestors on the basis of race, stuck protestors in the head, referred to protestors as \"bodies\". This conduct was taken without giving protestors adequate notice or opportunity to disperse. Plaintiffs' civil rights were violated and Plaintiffs suffered physical and psychological injuries following the misconduct.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nysd.546923/gov.uscourts.nysd.546923.1.0_3.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/18571382/in-re-new-york-city-policing-during-summer-2020-demonstrations/"},{"name":"Vargas, Francisco vs City of New York, et al.","start_date":"2014-04-16","disposition_date":"2016-03-08","payout_amount":0,"disposition":"Order/Judgment (Verdict)","docket":"14CV02511","court":"U.S. District Court - Southern District NY","officer_name":"Rivera, Damian","summary":"On January 19, 2013 at approximately 2:30 p.m. Plaintiff Francisco Vargas was in front of premises 858 East Tremont Avenue in Bronx County, New York. Defendant members of the NYPD arrested him without cause and made him strip while searching him. Plaintiff was taken to the 48th Precinct and subsequently to Central Booking where he was arraigned on January 20, 2013 on charges of Criminal Sale and Criminal Possession of a Controlled Substance. Plaintiff was held in custody until his release on January 20, 2013. On February 8, 2013, all charges against the Plaintiff were dismissed and sealed.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nysd.425668/gov.uscourts.nysd.425668.17.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/7094367/vargas-v-the-city-of-new-york/"},{"name":"Caba, Danny vs City of New York, et al.","start_date":"2014-03-17","disposition_date":"2014-12-30","payout_amount":15000,"disposition":"Settlement","docket":"020881/2014E","court":"Supreme Court - Bronx","officer_name":"Rivera, Damian"},{"name":"Turnbull, Lewis vs City of New York, et al.","start_date":"2014-01-24","disposition_date":"2014-10-17","payout_amount":17500,"disposition":"Settlement","docket":"300253/2014","court":"Supreme Court - Bronx","officer_name":"Rivera, Damian"},{"name":"Hazel, Keith vs City of New York, et al.","start_date":"2013-03-28","disposition_date":"2014-05-16","payout_amount":15000,"disposition":"Settlement","docket":"13CV01823","court":"U.S. District Court - Southern District NY","officer_name":"Rivera, Damian","summary":"On June 11, 2011, Mr. Hazel, while on his way to pick up his niece from school was stopped, handcuffed, searched, and placed in a van by NYPD officers and transported to the 48th precinct. Mr. Hazel was arraigned on the charge of criminal possession of a controlled substance. After three court appearances, the case was dismissed on October 24, 2011. On November 18, 2011, while on his way to the Social Security office, Mr. Hazel was tackled by an NYPD officer, arrested, and transported to the 45th precinct and was once again arraigned on criminal possession of a controlled substance. The case was dismissed on November 23, 2011.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nysd.409355/gov.uscourts.nysd.409355.1.0.pdf","type":"complaint"},{"url":"https://www.documentcloud.org/documents/4919810-Hazel-v-The-City-of-New-York-et-al"}],"url":"https://www.courtlistener.com/docket/4522748/hazel-v-the-city-of-new-york/"},{"name":"Encarnacion, Rafael, et Al vs City of New York, et al.","start_date":"2013-01-22","disposition_date":"2013-08-31","payout_amount":68666.67,"disposition":"Settlement","docket":"13CV00160","court":"U.S. District Court - Southern District NY","officer_name":"Rivera, Damian","summary":"On October 13, 2011, Plaintiffs Encarnacion, Nieto and JT were in a car when officers approached.  Plaintiffs Encarnacion and Nieto were falsely arrested for drug possession and sales charges while Plaintiff JT, a minor, was taken into CPS.  The officers illegally and without reasonable suspicion searched Plaintiffs Encarnacion and Nieto and the car, and forced Plaintiff Nieto to raise her blouse in front of her child.  Both Plaintiffs Encarnacion and Nieto were taken to the 48th Precinct and strip searched without cause.  On October 14, 2011, Plaintiff Nieto was released without charges, while Plaintiff Encarnacion was falsely accused of drug offenses.  On March 12, 2012, all charges were dismissed against Plaintiff Encarnacion.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nysd.406187/gov.uscourts.nysd.406187.1.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/17485824/encarnacion-v-the-city-of-new-york/"},{"officer_name":"Rivera, Damian","disposition":"Settlement","start_date":"2012-10-24","disposition_date":"2013-04-16","court":"Supreme Court - Bronx","docket":"308534/2012","name":"Williams, Reginald vs City of New York, et al.","payout_amount":10000},{"name":"Patillo v. The City of New York","court":"Supreme Court - Bronx","payout_amount":30000,"disposition":"Settlement","documents":[{"url":"https://www.documentcloud.org/documents/5378467-Patillo-v-The-City-of-New-York"}],"docket":"300836/2012","officer_name":"Damian E. Rivera"}],"documents":[{"url":"https://www.documentcloud.org/documents/24441170-bronx-notified-officers-list-edited_redacted-redacted_redacted","type":"credibility-finding"}],"id":"U85P","url":"https://www.50-a.org/officer/U85P"}