Conclusion Meanings:
'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The alleged conduct 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.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.
Further details on conclusion definitions.
Plowden, Najja vs City of New York, et al.
Case # 23CV02699,
U.S. District Court - Southern District NY, April 4, 2023
Complaint
Description: On or about November 5, 2022, Plaintiff was lawfully present on the downtown track in the subway when he was approached by Officer Ausencio Fernandez and Officer Andrew Musco. During the encounter that ensued, Officer Fernandez struck Plaintiff in the face without cause or justification of any sort. Officer Fernandez then, with Officer Musco's assistance, arrested Plaintiff without probable cause. Officer Fernandez initiated a criminal proceeding against Plaintiff by falsely claiming that Plaintiff had shoved and kicked him. As a result, Plaintiff was held in custody for approximately 24 hours. The charges were eventually dismissed.