Complaint #201900029,
December 23, 2018

Officer: Dipaolo, Joseph
Complainant: Asian Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Dipaolo, Joseph
Complainant: Asian Male, 41
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Unknown Officer
Complainant: Asian Male, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Nerguti, Diana
Complainant: Asian Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Dipaolo, Joseph
Complainant: Asian Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Formalized Training)
Officer Complainant Allegation CCRB Conclusion
Dipaolo, Joseph Asian Male, 41 Force: Physical force Unfounded
Dipaolo, Joseph Asian Male, 41 Abuse of Authority: Forcible Removal to Hospital Substantiated (Formalized Training)
Unknown Officer Asian Male, 40-44 Discourtesy: Word Exonerated
Nerguti, Diana Asian Male, 41 Force: Physical force Substantiated (Formalized Training)
Dipaolo, Joseph Asian Male, 41 Force: Physical force Substantiated (Formalized Training)

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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Penalties

Dipaolo, Joseph
Formalized Training

Nerguti, Diana
Formalized Training

Summary

On December 23, 2018, at approximately 4:51 p.m., [redacted] s neighbor called 911, stating that [redacted] was harassing her. PO Joseph Dipaolo and PO Diana Nerguti, from the 121st Precinct, responded to [redacted] s residence, located at [redacted] in Staten Island. [redacted] stated that, after speaking with [redacted] s parents, PO Dipaolo approached him and punched him in the stomach (Allegation A – Force: [redacted]). PO Dipaolo and PO Nerguti used force against [redacted] to forcibly remove him to the hospital (Allegation B - Abuse of Authority: [redacted]) (Allegation C, Allegation D- Force: [redacted]). An officer is heard using profanity against [redacted] in body worn camera video (Allegation E – Discourtesy: [redacted]). [redacted] was removed to [redacted] hospital. Read report for details.


Details

Incident: December 23, 2018
Received: January 2, 2019
Closed: May 15, 2020

Reason for contact: EDP aided case
Location: Apartment/house
Outcome: No arrest made or summons issued

Witness Officers: James Barbee, Lauren Caminiti, James Moussa, James Taylor
Body-Worn Camera evidence collected