Complaint #200402459,
March 17, 2004

Officer: Nunez, Fabio
Complainant: Hispanic Male, 20
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Nunez, Fabio
Complainant: Hispanic Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Nunez, Fabio
Complainant: Hispanic Male, 20
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Nunez, Fabio
Complainant: Hispanic Male, 23
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unfounded
Officer: Nunez, Fabio
Complainant: Hispanic Male, 20
Allegation: Offensive Language: Sexual orientation
CCRB Conclusion: Unfounded
Recategorized as: Offensive Language: Other
Officer: Bennett, Carl
Complainant: Hispanic Male, 20
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Exonerated
Officer: Nunez, Fabio
Complainant: Hispanic Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Bennett, Carl
Complainant: Hispanic Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Bennett, Carl
Complainant: Hispanic Male, 20
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Nunez, Fabio Hispanic Male, 20 Abuse of Authority: Question and/or stop Exonerated
Nunez, Fabio Hispanic Male, 20 Force: Physical force Exonerated
Nunez, Fabio Hispanic Male, 20 Discourtesy: Word Unfounded
Nunez, Fabio Hispanic Male, 23 Abuse of Authority: Threat of arrest Unfounded
Nunez, Fabio Hispanic Male, 20 Offensive Language: Sexual orientation Unfounded
Recategorized as Offensive Language: Other on December 9, 2024
Bennett, Carl Hispanic Male, 20 Abuse of Authority: Frisk and/or search Exonerated
Nunez, Fabio Hispanic Male, 23 Force: Physical force Unfounded
Bennett, Carl Hispanic Male, 20 Force: Physical force Unfounded
Bennett, Carl Hispanic Male, 20 Abuse of Authority: Frisk and/or search Unsubstantiated

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Summary

[redacted] stated that earlier that day, he was walking through the corridor of the lobby when he saw his neighbor [redacted] being stopped by PO Nunez and PO Bennett. He heard [redacted] explain to PO Nunez why he only had a New Jersey license. PO Nunez responded that he did not want to hear his "fucking stories" since it was "bullshit" and he would "take him in and still get paid for it." As [redacted] approached, he was grabbed by PO Nunez and pinned against the wall. PO Bennett conducted the frisk and search of [redacted] I's identification was retrieved as a result of the search. [redacted] alleged that PO Bennett used "Karate chops" in his groin area. Before leaving the lobby, PO Nunez stated "you faggots think you know the law very well, this lobby belongs to us."
Apartment building [redacted] is enrolled in the "No Trespass" Affidavit Act program. [redacted] Read report for details.


Details

Incident: March 17, 2004
Closed: August 4, 2004
Last Updated: December 11, 2024

Reason for contact: Other
Location: Public space/building
In NYPD 34th Precinct Manhattan
Outcome: No arrest made or summons issued