Fabian R. Modesto

Fabian R. Modesto

Fabian R. Modesto
Badge #2591, Hispanic Male
Sergeant at 94th Precinct since March 2024, active
Service started July 2011, made $138,000 last year, Tax #950897

Substantiated Allegations:
Abuse of Authority: Failure to provide RTKA card
Abuse of Authority: Question
Abuse of Authority: Threat of force (verbal or physical)
Abuse of Authority: Vehicle search
Discourtesy: Word (2)
Offensive Language: Race

Discipline Cases:

Case: 2023-28385
Closed: 8/23/2023
Case: 2023-28285
Closed: 7/27/2023
Case: 2021-23587
Closed: 7/4/2023
Case: 2022-26794
Closed: 11/17/2022

View Details

Lawsuit settlements:
$39,000   Samuels, George vs City of New York, et al., 2022 KCSC KCSC 527228/2022
$50,000   King, Justin vs City of New York, et al., 2021 EDNY EDNY 20CV06077
$45,000   Lewis, Angeleta, et Al vs City of New York, et al., 2020 EDNY EDNY 20CV05690
$15,000   Febus, Adrian, et Al vs City of New York, et al., 2020 EDNY EDNY 20CV04091
$40,000   Adams, Andrew vs City of New York, et al., 2020 KCSC KCSC 507901/2020
$100,000   Jackson, Curtis, et al. vs City of New York, et al., 2018 EDNY EDNY 18CV02214
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Complaints

7 Complaints
25 Allegations
7 Substantiated
1 Substantiated (Formalized Training)
4 Substantiated (Command Discipline A)
1 Substantiated (Command Discipline B)
1 Substantiated (Charges)
3 Closed - Pending Litigation
6 Exonerated
2 Unfounded
4 Unsubstantiated
3 Within NYPD Guidelines

Complaint #202204298, June 2022
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 25-29
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #202200624, January 2022
Allegation: Force: Physical force
Complainant: Black Male, 21-24
CCRB Conclusion: Within NYPD Guidelines
Allegation: Offensive Language: Race
Complainant: Black Male, 21-24
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 21-24
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Discourtesy: Word
Complainant: Black Male, 21-24
CCRB Conclusion: Within NYPD Guidelines
Allegation: Discourtesy: Word
Complainant: Black Male, 21-24
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Conclusion: APU Closed: Previously adjudicated, with discipline
APU Case Status: Closed: Previously adjudicated, with discipline, July 2023
Penalty: Command Discipline B
Documents: APU Quarterly Report summary
additional details

Complaint #202205245, January 2022
Allegation: Abuse of Authority: Question
Complainant: Black Male, 40-44
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 40-44
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Black Male, 40-44
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Conclusion: Command Discipline - B
Penalty: Command Discipline - B (Vacation: 3 days)
additional details

Complaint #201904830, May 2019
Allegation: Force: Physical force
Complainant: Black Male, 25-29
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Black Male, 25-29
CCRB Conclusion: Exonerated
Allegation: Force: Gun Pointed
Complainant: Black Male, 25-29
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 25-29
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide name
Complainant: Black Male, 25-29
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Refusal to provide shield number
Complainant: Black Male, 25-29
CCRB Conclusion: Unfounded
Allegation: Force: Gun Pointed
Complainant: Black Male, 25-29
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Black Male, 25-29
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Conclusion: Command Discipline - A
Penalty: Command Discipline - A (Vacation: 1 day)
Documents: Complaint Closing Report
additional details

Complaint #201708503, October 2017
Allegation: Force: Gun Pointed
Complainant: Black Male, 19
CCRB Conclusion: Closed - Pending Litigation
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Closed - Pending Litigation
Allegation: Force: Gun fired
Complainant: Black Male, 19
CCRB Conclusion: Closed - Pending Litigation
additional details

Complaint #201707730, September 2017
Allegation: Abuse of Authority: Forcible Removal to Hospital
Complainant: Black Female, 44
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Black Female, 44
CCRB Conclusion: Exonerated
additional details

Complaint #201705154, June 2017
Allegation: Force: Physical force
Complainant: Black Male, 19
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 19
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Female
CCRB Conclusion: Exonerated
additional details

Complaint #202204298, June 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Black Male, 25-29 Within NYPD Guidelines
additional details
Complaint #202200624, January 2022
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 21-24 Within NYPD Guidelines
Offensive Language: Race Black Male, 21-24 Substantiated (Charges)
Abuse of Authority: Threat of force (verbal or physical) Black Male, 21-24 Substantiated (Command Discipline B)
Discourtesy: Word Black Male, 21-24 Within NYPD Guidelines
Discourtesy: Word Black Male, 21-24 Substantiated (Command Discipline A)
NYPD Conclusion: APU Closed: Previously adjudicated, with discipline
APU Case Status: Closed: Previously adjudicated, with discipline, July 2023
Penalty: Command Discipline B
Documents: APU Quarterly Report summary
additional details
Complaint #202205245, January 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Question Black Male, 40-44 Substantiated (Command Discipline A)
Abuse of Authority: Vehicle search Black Male, 40-44 Substantiated (Command Discipline A)
Abuse of Authority: Failure to provide RTKA card Black Male, 40-44 Substantiated (Formalized Training)
NYPD Conclusion: Command Discipline - B
Penalty: Command Discipline - B (Vacation: 3 days)
additional details
Complaint #201904830, May 2019
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 25-29 Unsubstantiated
Discourtesy: Word Black Male, 25-29 Exonerated
Force: Gun Pointed Black Male, 25-29 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Black Male, 25-29 Unsubstantiated
Abuse of Authority: Refusal to provide name Black Male, 25-29 Unfounded
Abuse of Authority: Refusal to provide shield number Black Male, 25-29 Unfounded
Force: Gun Pointed Black Male, 25-29 Exonerated
Discourtesy: Word Black Male, 25-29 Substantiated (Command Discipline A)
NYPD Conclusion: Command Discipline - A
Penalty: Command Discipline - A (Vacation: 1 day)
Documents: Complaint Closing Report
additional details
Complaint #201708503, October 2017
Allegation Complainant CCRB Conclusion
Force: Gun Pointed Black Male, 19 Closed - Pending Litigation
Abuse of Authority: Gun Drawn Closed - Pending Litigation
Force: Gun fired Black Male, 19 Closed - Pending Litigation
additional details
Complaint #201707730, September 2017
Allegation Complainant CCRB Conclusion
Abuse of Authority: Forcible Removal to Hospital Black Female, 44 Exonerated
Force: Physical force Black Female, 44 Exonerated
additional details
Complaint #201705154, June 2017
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 19 Unsubstantiated
Force: Physical force Black Male, 19 Exonerated
Discourtesy: Word Female Exonerated
additional details

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.
'Within NYPD Guidelines': The alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusion definitions.


Discipline

Case: 2023-28385
Closed: 8/23/2023
Case Details:
  1. Wrongful threat of force.
  2. Wrongfully discourteous to an individual known to the Department.
  3. Wrongfully used offensive language.
Recommendation: Charges and Specifications

Case: 2023-28285
Closed: 7/27/2023
Case Details:
  1. Violated patrol rules - failed to provide a business card
  2. Wrongfully questioned an individual known to the Department
  3. Wrongfully searched a vehicle
Penalty: B - Command Discipline, vacation days (3 days)
Recommendation: Command Discipline - B

Case: 2021-23587
Closed: 7/4/2023
Case Details:
  1. Improper use of their body worn camera
Penalty: Training
Recommendation: Other

Case: 2022-26794
Closed: 11/17/2022
Case Details:
  1. Failed to activate their body-worn camera in a timely manner.
  2. Wrongfully used offensive language towards an individual known to the Department.
Penalty: B - Command Discipline, vacation days (1 day)
Recommendation: Charges and Specifications


Lawsuits

Named in 12 known lawsuits, $289,000 total settlements.

Lewis, Jawanza, et al. vs City of New York, et al.
Case # 23CV03239, U.S. District Court - Eastern District NY, May 9, 2023, ended July 24, 2023
Zero Disposition
Complaint
Description: On November 22, 2019, Plaintiffs Lewis and Andrew were unlawfully stopped and arrested by NYPD officers. After their allegedly false arrest, Lewis was issued a traffic ticket which was dismissed for lack of evidence on May 21, 2020. The Complaint states that upon information and belief, criminal charges for possession of marijuana were dismissed for lack of evidence as well. Plaintiffs allege that they were pushed; tightly handcuffed to the point of numbness in their hands; forced to walk to the end of the street in a humiliating fashion; unlawfully searched; interrogated about guns and gangs at the local precinct; that items were moved, damaged, or missing from Mr. Andrew's vehicle which was impounded; and tha...

Kelly, Domonye vs City of New York, et al.
Case # 507789/2023, Supreme Court - Kings, March 14, 2023

Williams, Merrick vs City of New York, et al.
Case # 502330/2023, Supreme Court - Kings, February 2, 2023

Samuels, George vs City of New York, et al.
Case # 527228/2022, Supreme Court - Kings, September 19, 2022, ended January 11, 2024
$39,000 Settlement

Lewis, Jawanza, et al. vs City of New York, et al.
Case # 519597/2021, Supreme Court - Kings, August 16, 2021

King, Justin vs City of New York, et al.
Case # 20CV06077, U.S. District Court - Eastern District NY, April 8, 2021, ended July 12, 2022
$50,000 Settlement
Complaint
Description: On May 25, 2019, Plaintiff was driving an electric scooter when a black Impala vehicle suddenly drove up alongside him and dangerously cut him off for no apparent purpose. Plaintiff evaded the vehicle and drove off. A person jumped out of the vehicle threatening to shoot him. Realizing the people in the vehicle could be plainclothes police officers, Plaintiff then stopped his scooter and lied down on the pavement in front of a busy restaurant, and put his body in a “star” position to show he was not a threat. The plainclothes police officers ran up to him and one purposefully and with great force came down onto the side of Plaintiff’s face with his knee, fracturing his nose. The same officer then pointed his gu...

Lewis, Angeleta, et Al vs City of New York, et al.
Case # 20CV05690, U.S. District Court - Eastern District NY, December 15, 2020, ended October 11, 2021
$45,000 Settlement
Complaint
Description: On March 26, 2019, the three plaintiffs were inside plaintiff Angeleta Lewis’ home when several NYPD officers, including Defendants Police Officer Fabian Modesto, James Lukeson and Sgt. David Grieco, knocked down the front door of the apartment and stormed in with their guns drawn. They yelled at everyone to get down on the ground and guarded the plaintiffs while they searched the apartment. The officers inquired about the location of Junior, another family member who did not live in the apartment, and the Plaintiffs explained that they did not know of his whereabouts. Despite having no arrest warrant, finding no contraband and having no reasonable suspicion that a crime had been committed, Defendants handcuffe...

Febus, Adrian, et Al vs City of New York, et al.
Case # 20CV04091, U.S. District Court - Eastern District NY, September 2, 2020, ended April 5, 2022
$15,000 Settlement
Complaint
Description: On or about January 4, 2019, while walking on the sidewalk to a pool hall, Febus heard approximately three gun shots and then approached by police officers who asked him if he had heard any gun shots. He responded affirmatively whereupon P.O. Kristopher searched him. No weapon or contraband was found. Febus then entered the pool hall. Detectives and officers entered the pool hall and then handcuffed and arrested plaintiffs who complied and did not resist arrest. Plaintiffs were taken to a precinct where they were searched. An officer falsely told Febus that they were caught on camera shooting a firearm. Another falsely told James that a gun was found on them. Plaintiffs did not go before a Judge. Plaintiff Febu...

Adams, Andrew vs City of New York, et al.
Case # 507901/2020, Supreme Court - Kings, May 28, 2020, ended August 12, 2021
$40,000 Settlement

Powell, Donna vs City of New York, et al.
Case # 525478/2018, Supreme Court - Kings, December 20, 2018

Graham, Naeem vs City of New York, et al.
Case # 518753/2018, Supreme Court - Kings, September 20, 2018

Jackson, Curtis, et al. vs City of New York, et al.
Case # 18CV02214, U.S. District Court - Eastern District NY, April 20, 2018, ended October 12, 2021
$100,000 Settlement
Complaint
Description: Defendant Officers entered Plaintiffs' home without a warrant, arrested them, took them to a precinct, and charged them with various crimes that were later dismissed.

Other Documents