{"active":true,"first_name":"Jose","last_name":"Gutierrez","race":"Hispanic","gender":"Male","rank":"PO","command":{"command":"116 PCT","assignment_date":"2024-12-14","id":"116pct"},"shield_no":1547,"taxid":"959678","complaint_ids":[202504899,202411705,202309955,202106194,202107632,202102489,202007689,202103548,201911019],"command_history":[{"command":"105 PCT","id":"105pct"}],"appt_date":"2015-10-07","middle_initial":"A","lawsuits":[{"name":"James, Egobeda vs City of Ny, et al.","start_date":"2025-01-21","payout_amount":0,"disposition":"","docket":"719842/2024","court":"Supreme Court - Queens"},{"name":"James, Egobeda vs City of Ny, et al.","start_date":"2025-01-02","payout_amount":0,"disposition":"","docket":"718489/2024","court":"Supreme Court - Queens"},{"name":"Mcgregor, Shashala vs The City of Ny, et al.","start_date":"2024-10-24","payout_amount":0,"disposition":"","docket":"24CV06951","court":"U.S. District Court - Eastern District NY","summary":"On July 28, 2023, plaintiff was driving on Memphis Avenue in the County of Queens, City and State of New York and her ex boyfriend purposefully cut into traffic and in front of plaintiff's vehicle, sideswiping her and causing damage to both vehicles. Plaintiff's ex boyfriend got out of his vehicle, attacked Ms.\nMcGregor, tried to drag her from her vehicle, ripped the driver’s door off its hinges, and then stole her phone on which she had recorded this events. Plaintiff drove away and called the police from a land line at her mother’s house a few blocks away. When she returned to the scene defendant NYPD officer Caeser and her partner were already there and in conversation with her ex-boyfriend, whom plaintiff believed recognized her ex-boyfriend as an  Instagram  personality. Subsequently, additional defendant officers arrived. Despite plaintiff's statement that she had recorded the events and her ex-boyfriend had taken her phone, which he admitted to, defendants arrested plaintiff. Plaintiff was not advised of the charges against here and was never advised of her Miranda rights at the 105th Precinct nor at any time while plaintiff was in the custody and being interrogated by the defendants. As a result of these events plaintiff has suffered severe mental and emotional distress, anguish, trauma, humiliation, anxiety, fear, including post-traumatic stress disorder (“PTSD”), depression, and was caused to undergo psychotherapy.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nyed.521639/gov.uscourts.nyed.521639.1.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/69217673/9/mcgregor-v-the-city-of-new-york/"},{"name":"Mitchell, Scarlet vs City of New York, et al.","disposition_date":"2024-07-25","payout_amount":97500,"disposition":"Settlement","docket":"22CV07437","court":"U.S. District Court - Eastern District NY","officer_name":"Gutierrez, Jose","summary":"On September 8, 2021, plaintiff, SCARLET MITCHELL, a domestic violence victim, was without cause or justification, unlawfully and unreasonably arrested by defendant NYPD officers, LAUREN LUCIANO, JOSE GUTIERREZ, CHRISTOPHER DOUSE, and MICHAEL PALAGONIA, for possession of the firearm that she herself had been assaulted and threatened with by her then boyfriend. Despite plaintiff’s claim that she was victim, her reports of injuries, and that defendants possessed information from dispatch via the multiple 911 calls that had been made that plaintiff was the victim, all of which confirmed there was a reason to doubt that the gun belonged to plaintiff, defendants conducted no further investigation, including making efforts to obtain readily available surveillance video or eyewitness accounts, and instead continued plaintiff’s arrest for possession of the gun she had been threatened with.\n\nPlaintiff was subsequently transported to the NYPD’s 105th Police Precinct in a police vehicle and thereafter imprisoned. While imprisoned therein, plaintiff, who was menstruating, was mistreated, degraded and was, without limitation, initially denied requests for sanitary products and clean clothes for hours, and thereafter forced to change her bloody clothes and feminine products in a cell in front of a camera monitored by male officers. After approximately six or more hours, plaintiff was transported to a hospital for medical treatment. Despite plaintiff informing the officers that she suffers from edema in her legs, the officers shackled her legs for a prolonged period of time causing her legs to swell and causing her pain and discomfort.\n\nPlaintiff was transported to Queens Central Booking on or about September 9, 2021, but while there, her edema became severe enough that plaintiff was brought back to the hospital. Plaintiff was again shackled, despite her edema condition, and despite informing the officer that her legs were swollen and that this is why she needed medical treatment. Plaintiff was prescribed an ace bandage by the hospital to treat her worsening edema, but defendant JOHN DOE 2 refused to allow plaintiff to leave the hospital with it.\n\nPlaintiff was eventually transported back to Queens Central Booking, and thereafter arraigned on September 10, 2021, on felony charges for criminal possession of a weapon. Due to administrative issues with the Court, plaintiff appeared on September 11, 2021, at which point bail was set and plaintiff was imprisoned at Rikers Island until on or about September 12, 2021, when plaintiff was released after posting bail. After review of third-party eyewitnesses and video evidence, all charges against plaintiff were dismissed and sealed on January 5, 2022.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nyed.489638/gov.uscourts.nyed.489638.1.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/66620040/mitchell-v-city-of-new-york/"}],"discipline":[{"disposition_date":"2022-12-02","case_no":"2022-26012","recommendation":"Command Discipline - A","allegations":[{"desc":"Wrongfully used physical force."}]}],"payroll":{"salary":"109352","regular":"108510","overtime":"11953","other":"25156","total":"145619"},"id":"USEZ","url":"https://www.50-a.org/officer/USEZ"}