{"active":false,"first_name":"David","last_name":"Hernandez","race":"Hispanic","gender":"Male","rank":"DT3","command":{"command":"NARCBBX","assignment_date":"2020-08-06"},"shield_no":5191,"ended_date":"2024-07-02","taxid":"944649","complaint_ids":[201603089,201208947,201204735,201202326,201113220,200809667,200808384],"command_history":[{"command":"032 PCT","id":"32pct"}],"appt_date":"2007-07-09","middle_initial":"R","shield_no_history":[10450],"lawsuits":[{"name":"Cancel, Minerva vs City of New York, et al.","start_date":"2019-06-20","disposition_date":"2021-12-03","payout_amount":40000,"disposition":"Settlement","docket":"026487/2019E","court":"Supreme Court - Bronx","officer_name":"Hernandez, David R.","summary":"On June 16, 2017, Plaintiff was lawfully standing in the hallway of 815 East 152nd Street, Bronx, New York, in the vicinity of the front door of apartment 6A. While Plaintiff, who was holding her mobile phone in her hand, was in the hallway standing in front of the door of apartment 6A, an individual inside of the apartment opened the door. Suddenly, without any provocation or legal justification, Defendants Hernandez,  Green, Estevez, Nin, Kipervaser, Felipe,\nand,  Melhado rushed behind Plaintiff, grabbing and pushing her against a wall inside of the apartment. Inside, Plaintiff, who had begun videotaping the scene with her mobile phone, had the phone confiscated from her hand by a Defendant Officer. Defendants then placed Ms. Cancel under arrest. The Defendants did not have any legal justification to arrest Plaintiff. Defendants searched Plaintiff’s person without her authority or permission. Defendants found no contraband or anything illegal on Ms. Cancel. Defendants then placed Ms. Cancel into an NYPD vehicle where she remained for approximately four hours before finally arriving at the 40th Precinct. During this four-hour period, Plaintiff was not allowed to use the bathroom. \n\nAt the 40th precinct, plaintiff was fingerprinted, photographed, and unlawfully detained in a holding cell. At the 40th precinct, Plaintiff was subjected to an unlawful strip search in that Plaintiff was forced to expose her breasts as well as lower her pants and underwear exposing the most intimate areas of the human body without reasonable suspicion or probable cause. Plaintiff was later transported to Bronx Central Booking. The Defendants falsely stated to the Bronx County District Attorney’s Office that plaintiff had committed a crime. After approximately 37 hours in police custody, plaintiff was arraigned in Bronx Criminal Court and was released. Plaintiff later retrieved her previously confiscated mobile phone and saw the videotape she had taken of the Defendants had been erased. Plaintiff was unlawfully charged with Criminal Possession of Marihuana in the\nSecond, Third, Fourth, Fifth Degree, as well as Unlawful Sale, Possession or use of an Imitation Pistol, and Unlawful Possession of Marihuana Plaintiff was forced to appear in Court several times before all charges against plaintiff were dismissed on or about October 15, 2018.","documents":[{"url":"https://web.archive.org/web/20240805005518/https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=fPtVKH7m/6dQW_PLUS_OdABM8Ww==","type":"complaint"}]},{"name":"Mansour, Jaber vs City of New York","start_date":"2018-03-29","disposition_date":"2019-03-07","payout_amount":35000,"disposition":"Settlement","docket":"023532/2018E","court":"Supreme Court - Bronx","officer_name":"Hernandez, David R.","summary":"On May 26, 2007, at approximately 3:00 p.m., Plaintiff JABER MANSOUR was lawfully, doing nothing illegal, improper or\nacting suspicious in anyway when he was arrested by several police officers including butnot limited to DETECTIVE DAVID HERNANDEZ, MATTHEW KUHL, MAYKY SANTOS, JHON ROE.\n\nBased on fraud, perjury and misrepresentations, the Defendant Officers summarily stopped, searched, grabbed, assaulted, battered, and detained Plaintiff in an aggressive and excessive manner.\n\nWhile in custoday, Defedant Officers touched, pushed, assaulted, battered, violated, strip searched, humiliated, photographed and handcuffed Plaintiff.\n\nPlaintiff was incarcelated for over 24 hours and was required to make several court appearances over an extended period of time until all charges against him were terminated favorably.\n\nDefendant officer falsely and maliciously acussed Plaintiff of committing a crime.\n\nPlaintiff uffered great and permanent bodily injury in and about his head, neck, back, body and limbs and was rendered sick, sore, lame and disabled, and suffered conscious pain and suffering, and that he was otherwise damaged.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=LH72IOpoTEhNfEe_PLUS_4HAzew==","type":"complaint"}]},{"name":"Cruz, James vs City of New York, et al.","start_date":"2017-02-17","disposition_date":"2017-08-16","payout_amount":9500,"disposition":"Settlement","docket":"17CV00640","court":"U.S. District Court - Southern District NY","officer_name":"Hernandez, David R.","summary":"On February 6, 2015, Plaintiff stopped at his neighborhood deli. He entered and immediately headed to the rear to purchase a soda. Four POs burst into the deli and in a coordinated manner, arrested Plaintiff. PO Hernandez alleged he observed Plaintiff holding a Pringles can and removing several bags of marijuana. A deli employee who witnessed the events signed an affidavit swearing Plaintiff never went near a Pringles can. \n\nPlaintiff was taken to the Precinct, subject to a humiliating strip search, and ultimately held for three days. The case was dismissed a year later, after nine court appearances, which cost Plaintiff his job and difficulty in caring for his ill mother and pregnant wife.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nysd.468075/gov.uscourts.nysd.468075.1.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/17500471/cruz-v-city-of-new-york/"},{"name":"Belle, Terron vs City of New York, et al.","start_date":"2013-07-15","disposition_date":"2014-09-17","payout_amount":26250,"disposition":"Settlement","docket":"13CV04304","court":"U.S. District Court - Southern District NY","officer_name":"Hernandez, David R.","summary":"On October 31, 2012, Plaintiff was sleeping in his apartment in Manhattan, when he woke up at 4:30am to sounds of banging on his apartment door. When Plaintiff unlocked and opened the door, Defendant Officers, including Officer Adeleke, entered into Plaintiff’s apartment without a warrant or permission, stating that Plaintiff had an outstanding bench warrant. Defendant Officers did not permit Plaintiff to retrieve proof that his last court case was closed and resolved and continue to arrested Plaintiff, further denying Plaintiff his request to use the bathroom. After being transported to the 32nd precinct, a Defendant Officer spoke to Plaintiff at length in an attempt to gather gang related information, although Plaintiff was never associated with gangs. The Officer further told Plaintiff he would “speed  up” his application to the NYPD’s Auxiliary Program, in which Plaintiff applied in 2010, if Plaintiff would provide information to incriminate gangsters. After questioning, Plaintiff was taken to the 28th Precinct where he stayed for several hours, and then was taken to Central Booking at the New York County Criminal Court. Defendant Officers deliberately botched Plaintiff’s paperwork, extending his incarceration for longer than it should have been, resulting in Plaintiff spending the entire day of November 1, 2012 in a holding cell without seeing a judge. When Plaintiff finally went before a judge on November 2, 2012, the judge dismissed the case, and Plaintiff was released from custody 48 hours after unlawful custody.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nysd.413727/gov.uscourts.nysd.413727.12.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/13142857/belle-v-the-city-of-new-york/"},{"name":"Hardwell, Elijah vs City of New York, et al.","start_date":"2013-03-28","disposition_date":"2016-11-30","payout_amount":75000,"disposition":"Settlement","docket":"152765/2013","court":"Supreme Court - New York","officer_name":"Hernandez, David R.","summary":"On April 3, 2012, Plaintiff was saying goodbye to several of his friends on the street corner when he was told by NYPD Defendants to leave. Plaintiff attempted to leave and walked towards the train when Defendants approached him and viciously beat him without provocation. Defendants placed their knees against the head and chest of Plaintiff and punched him. Plaintiff was thrown into a car and against the ground without reason or justification. Defendants called Plaintiff the \"n word\" then brought to the 32nd and 28th precincts, then brought to Central Booking. Plaintiff was seen before a judge and released, then appeared in court on several occasions. All charges against Plaintiff were ultimately dismissed.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=ctn33lAXhUJj27Lh8dZN4Q==","type":"complaint"}]},{"officer_name":"Hernandez, David R.","disposition":"Settlement","start_date":"2010-09-13","disposition_date":"2014-05-14","court":"Supreme Court - Kings","docket":"022277/2010","name":"Harell, Warren vs City of New York, et al.","payout_amount":60000},{"officer_name":"Hernandez, David R.","disposition":"Administrative Closing","start_date":"2009-04-10","disposition_date":"2013-04-05","court":"Supreme Court - New York","docket":"105028/2008","name":"Eiland, Gregory D. and Eiland, Joi A. vs City of New York, et al.","payout_amount":0}],"documents":[{"url":"https://www.documentcloud.org/documents/4419166-nypd-cases-405.html"}],"id":"WWAK","url":"https://www.50-a.org/officer/WWAK"}