| Officer: | Cunningham, Damion |
|---|---|
| Complainant: | Age 25-29 |
| Allegation: | Abuse of Authority: Threat of arrest |
| CCRB Conclusion: | Substantiated (Command Discipline B) |
| Officer: | Cunningham, Damion |
| Complainant: | Age 25-29 |
| Allegation: | Abuse of Authority: Entry of Premises |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Officer: | Cunningham, Damion |
| Complainant: | Age 70-74 |
| Allegation: | Abuse of Authority: Threat of arrest |
| CCRB Conclusion: | Within NYPD Guidelines |
| Officer: | Cunningham, Damion |
| Allegation: | Abuse of Authority: Threat of arrest |
| CCRB Conclusion: | Substantiated (Command Discipline B) |
| Officer: | Cunningham, Damion |
| Complainant: | Male, 30-34 |
| Allegation: | Abuse of Authority: Threat of arrest |
| CCRB Conclusion: | Substantiated (Command Discipline B) |
| Officer: | Cunningham, Damion |
| Complainant: | Male, 30-34 |
| Allegation: | Abuse of Authority: Improper use of body-worn camera |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Officer: | Cunningham, Damion |
| Complainant: | Age 25-29 |
| Allegation: | Abuse of Authority: Threat of arrest |
| CCRB Conclusion: | Within NYPD Guidelines |
| Officer: | Cunningham, Damion |
| Complainant: | Male, 30-34 |
| Allegation: | Abuse of Authority: Threat of arrest |
| CCRB Conclusion: | Substantiated (Command Discipline B) |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Cunningham, Damion | Age 25-29 | Abuse of Authority: Threat of arrest | Substantiated (Command Discipline B) |
| Cunningham, Damion | Age 25-29 | Abuse of Authority: Entry of Premises | Substantiated (Command Discipline A) |
| Cunningham, Damion | Age 70-74 | Abuse of Authority: Threat of arrest | Within NYPD Guidelines |
| Cunningham, Damion | Abuse of Authority: Threat of arrest | Substantiated (Command Discipline B) | |
| Cunningham, Damion | Male, 30-34 | Abuse of Authority: Threat of arrest | Substantiated (Command Discipline B) |
| Cunningham, Damion | Male, 30-34 | Abuse of Authority: Improper use of body-worn camera | Substantiated (Command Discipline A) |
| Cunningham, Damion | Age 25-29 | Abuse of Authority: Threat of arrest | Within NYPD Guidelines |
| Cunningham, Damion | Male, 30-34 | Abuse of Authority: Threat of arrest | Substantiated (Command Discipline B) |
Further details on conclusions.
On April 11, 2023, at approximately 6:55 PM, PO Damion Cunningham, PO Victor Cunha, PO Kayfia Robinson, and PO Bilal Malik of the 40th Precinct responded to a 911 call for police assistance by [redacted] who stated that her husband, [redacted] whom she had an active order of protection against, was trying to enter her home at [redacted] in the Bronx. Upon arrival on scene, [redacted] informed PO Cunningham that [redacted] had moved out of the home, that she had changed the lock on the door to prevent his return, and that she and her mother, [redacted] moved [redacted] remaining property out of the home and into a storage unit. PO Cunningham did not have his BWC activated for the first 52 minutes on scene during this incident (Allegation A – Abuse of Authority: [redacted]). While PO Cunningham discussed the eviction of [redacted] by [redacted] with PO Robinson and PO Malik outside of the home, and while PO Cunha spoke to NYPD Legal on the phone to determine whether [redacted] actions warranted a summons or an arrest, [redacted] closed the door to the home. PO Cunningham opened the door and placed his foot against the door to hold it open, beyond the threshold of the entrance of the home (Allegation B – Abuse of Authority: [redacted]). PO Cunha concluded his phone call with NYPD Legal and it was determined that [redacted] actions warranted a summons to be issued, which he began writing, and PO Cunningham told [redacted] that if they denied [redacted] re-entry into the home after the expiration of [redacted] order of protection at 12:00 AM on April 12, 2023, they would be arrested for unlawful eviction (Allegations C and D – Abuse of Authority: [redacted]). PO Cunningham remained standing with his foot beyond the threshold of the home entrance and threatened to arrest [redacted] for OGA after she told him to remove his foot from the doorway (Allegation E - Abuse of Authority: [redacted]). PO Cunningham threatened to arrest [redacted] (Allegations F and G - Abuse of Authority: [redacted]). [redacted] complained... Read report for details.