Substantiated Allegations:
Abuse of Authority: Question
Discourtesy: Word
Offensive Language: Race
Abuse of Authority: Question
Discourtesy: Word
Offensive Language: Race
Martin A. Cunningham
Service
started July 2008,
Tax #946888
Hispanic Male, 38
Lawsuit settlements:
$15,000 Sylvester, Ronald vs City of New York, et al., 2018 EDNY EDNY 18CV06023
$10,000 Vargas, Leyson M. vs City of New York, et al., 2015 KCSC KCSC 011855/2015
$45,000 Cedant, Caleb vs City of New York, et al., 2014 EDNY EDNY 14CV04791
View Details
$15,000 Sylvester, Ronald vs City of New York, et al., 2018 EDNY EDNY 18CV06023
$10,000 Vargas, Leyson M. vs City of New York, et al., 2015 KCSC KCSC 011855/2015
$45,000 Cedant, Caleb vs City of New York, et al., 2014 EDNY EDNY 14CV04791
View Details
Complaints
7
Complaints
18
Allegations
3
Substantiated
1
Substantiated (Instructions)
1
Substantiated (Command Discipline A)
1
Substantiated (Charges)
1
Complaint Withdrawn
3
Exonerated
8
Unsubstantiated
3
Victim Unidentified
Complaint #202007716,
November 2020
additional details
| Allegation: | Abuse of Authority: Vehicle stop |
|---|---|
| Complainant: | Black Female, 18-20 |
| CCRB Conclusion: | Unsubstantiated |
Complaint #202004012,
May 2020
additional details
| Allegation: | Discourtesy: Word |
|---|---|
| Complainant: | Female, 10-14 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Discourtesy: Word |
| Complainant: | Female, 10-14 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Offensive Language: Race |
| Complainant: | Female, 10-14 |
| CCRB Conclusion: | Substantiated (Charges) |
| Allegation: | Force: Physical force |
| Complainant: | Female, 10-14 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Discourtesy: Word |
| Complainant: | Female, 10-14 |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| NYPD Conclusion: | APU Closed: Charges not served |
| APU Case Status: | Closed: Charges not served, March 2023 |
| Documents: | Complaint Closing Report |
| APU Quarterly Report summary |
Complaint #201710160,
December 2017
additional details
| Allegation: | Abuse of Authority: Vehicle stop |
|---|---|
| Complainant: | Black Male, 41 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Abuse of Authority: Stop |
| Complainant: | Male |
| CCRB Conclusion: | Victim Unidentified |
| Allegation: | Abuse of Authority: Frisk |
| Complainant: | Male |
| CCRB Conclusion: | Victim Unidentified |
| Allegation: | Abuse of Authority: Search (of person) |
| Complainant: | Male |
| CCRB Conclusion: | Victim Unidentified |
| Allegation: | Abuse of Authority: Strip-searched |
| Complainant: | Black Male, 41 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Abuse of Authority: Threat of force (verbal or physical) |
| Complainant: | Black Male, 41 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Force: Physical force |
| Complainant: | Black Male, 41 |
| CCRB Conclusion: | Unsubstantiated |
Complaint #201708898,
September 2017
additional details
| Allegation: | Abuse of Authority: Strip-searched |
|---|---|
| Complainant: | Black Male, 37 |
| CCRB Conclusion: | Unsubstantiated |
Complaint #201506925,
June 2015
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Black Male, 16 |
| CCRB Conclusion: | Unsubstantiated |
Complaint #201404897,
May 2014
additional details
| Allegation: | Abuse of Authority: Vehicle search |
|---|---|
| Complainant: | Black Male, 30 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Abuse of Authority: Question |
| Complainant: | Black Male, 30 |
| CCRB Conclusion: | Substantiated (Instructions) |
| Penalty: | Formalized Training |
Complaint #201311152,
October 2013
additional details
| Allegation: | Abuse of Authority: Vehicle search |
|---|---|
| Complainant: | Black Male, 26 |
| CCRB Conclusion: | Complaint Withdrawn |
| Complaint #202007716, November 2020 | ||
|---|---|---|
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Vehicle stop | Black Female, 18-20 | Unsubstantiated |
| additional details | ||
| Complaint #202004012, May 2020 | ||
| Allegation | Complainant | CCRB Conclusion |
| Discourtesy: Word | Female, 10-14 | Exonerated |
| Discourtesy: Word | Female, 10-14 | Exonerated |
| Offensive Language: Race | Female, 10-14 | Substantiated (Charges) |
| Force: Physical force | Female, 10-14 | Exonerated |
| Discourtesy: Word | Female, 10-14 | Substantiated (Command Discipline A) |
| NYPD Conclusion: APU Closed: Charges not served | ||
| APU Case Status: Closed: Charges not served, March 2023 | ||
| Documents: | Complaint Closing Report | |
| APU Quarterly Report summary | ||
| additional details | ||
| Complaint #201710160, December 2017 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Vehicle stop | Black Male, 41 | Unsubstantiated |
| Abuse of Authority: Stop | Male | Victim Unidentified |
| Abuse of Authority: Frisk | Male | Victim Unidentified |
| Abuse of Authority: Search (of person) | Male | Victim Unidentified |
| Abuse of Authority: Strip-searched | Black Male, 41 | Unsubstantiated |
| Abuse of Authority: Threat of force (verbal or physical) | Black Male, 41 | Unsubstantiated |
| Force: Physical force | Black Male, 41 | Unsubstantiated |
| additional details | ||
| Complaint #201708898, September 2017 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Strip-searched | Black Male, 37 | Unsubstantiated |
| additional details | ||
| Complaint #201506925, June 2015 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Black Male, 16 | Unsubstantiated |
| additional details | ||
| Complaint #201404897, May 2014 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Vehicle search | Black Male, 30 | Unsubstantiated |
| Abuse of Authority: Question | Black Male, 30 | Substantiated (Instructions) |
| Penalty: Formalized Training | ||
| additional details | ||
| Complaint #201311152, October 2013 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Vehicle search | Black Male, 26 | Complaint Withdrawn |
| 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.
'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.
Discipline
Case: 2022-26385
Closed: 12/1/2022
Case Details:
- Wrongfully discourteous to an individual known to the Department.
- Wrongfully used offensive language.
Recommendation: Charges and Specifications
Case Details:
- Guilty: Used inappropriate and disparaging language during a conversation that was captured on a Department issued body-worn camera.
Penalty: Vacation days (15 days)
Case Details:
- Guilty: While off-duty, failed and neglected to safeguard his firearm, resulting in its loss.
- Guilty: Failed to safeguard and report the loss of his firearm and shield.
- Guilty: Failed and neglected to safeguard his shield, resulting in its loss.
Penalty: Pre-trial suspension days (17 days)
Lawsuits
Named in 4 known lawsuits, $70,000 total settlements.Sylvester, Ronald vs City of New York, et al.
Case # 18CV06023, U.S. District Court - Eastern District NY, November 5, 2018, ended May 2, 2019
$15,000 Settlement
Complaint
Description: On November 21, 2017, plaintiff was walking alone on the sidewalk when defendant P.O. Adair approached him, pushed him and told him to walk the other way. Plaintiff asked the officer not to touch him as he had recently had surgery and continued walking. P.O. Adair tackled plaintiff from behind, causing him to fall to the ground. Other officers then grabbed plaintiff by his right arm and one punched plaintiff in his head. Plaintiff was then handcuffed too tightly and transported first to the precinct and later Central Booking where he was falsely charged with resisting arrest. All charges were ultimately dismissed.
Vargas, Leyson M. vs City of New York, et al.
Case # 011855/2015, Supreme Court - Kings, October 5, 2015, ended September 10, 2019
$10,000 Settlement
Cedant, Caleb vs City of New York, et al.
Case # 14CV04791, U.S. District Court - Eastern District NY, August 14, 2014, ended April 7, 2015
$45,000 Settlement
Complaint, Stipulation, Amended Complaint
Description: On July 30, 2013 at 2:15AM, the Plaintiff was viciously beaten by Defendant NYPD Officers. The Plaintiff was tackled to the ground and beaten about his head and face with fists and batons. As the Plaintiff lay on the ground he was kicked. The beating resulted in several injuries, including an orbital fracture to his left eye. Despite obviously being in medical need, the Plaintiff was transported to the precinct rather than the hospital where he remained bloodied and in significant pain for an extended period of time. NYPD Officers John Palastro (Shield No. 9367), Steve A. Richards (Shield No. 2946), Elvis D. Alcivar (Shield No. 29226), Roman Vilnyanskiy (Shield No. 12874), Sergeant Timothy Glent (Shield No. 12...
Vargas v. City of New York et al
Case # 11855/2015, Supreme Court - Kings
Complaint
Other Documents
Brooklyn DA Disclosure Letter
references
additional CCRB complaint
#201904595
and
additional lawsuit
19137/2012