Joseph M. Foss

Joseph M. Foss

Joseph M. Foss
Badge #30244, White Male, 36
Police Officer at Detective Borough Queens North since December 2023, active
Service started July 2011, made $105,000 last year, Tax #950434

Substantiated Allegations:
Force: Pepper spray

Lawsuit settlements:
$50,000   Bryant, Willie vs City of New York, et al., 2019 QCSC QCSC 715855/2019
$30,000   Marcellin, Sean vs City of New York, et al., 2019 EDNY EDNY 19CV02076
View Details

Complaints

8 Complaints
10 Allegations
1 Substantiated
1 Substantiated (Formalized Training)
1 Closed - Pending Litigation
5 Exonerated
3 Unsubstantiated

Complaint #201906096, June 2019
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Female, 46
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201807564, September 2018
Allegation: Force: Chokehold
Complainant: Black Male, 26
CCRB Conclusion: Unsubstantiated
Allegation: Force: Restricted Breathing
Complainant: Black Male, 26
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 26
CCRB Conclusion: Exonerated
Documents: Complaint Closing Report
additional details

Complaint #201800599, January 2018
Allegation: Force: Physical force
Complainant: Black Male, 24
CCRB Conclusion: Closed - Pending Litigation
additional details

Complaint #201706631, July 2017
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
additional details

Complaint #201606987, July 2016
Allegation: Force: Physical force
Complainant: Black Male, 39
CCRB Conclusion: Exonerated
additional details

Complaint #201601572, February 2016
Allegation: Force: Pepper spray
Complainant: Black Female, 36
CCRB Conclusion: Substantiated (Formalized Training)
Penalty: Formalized Training
additional details

Complaint #201501088, February 2015
Allegation: Force: Physical force
Complainant: Black Male, 51
CCRB Conclusion: Exonerated
additional details

Complaint #201411652, October 2014
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Exonerated
additional details

Complaint #201906096, June 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Black Female, 46 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201807564, September 2018
Allegation Complainant CCRB Conclusion
Force: Chokehold Black Male, 26 Unsubstantiated
Force: Restricted Breathing Black Male, 26 Unsubstantiated
Force: Physical force Black Male, 26 Exonerated
Documents: Complaint Closing Report
additional details
Complaint #201800599, January 2018
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 24 Closed - Pending Litigation
additional details
Complaint #201706631, July 2017
Allegation CCRB Conclusion
Abuse of Authority: Entry of Premises Exonerated
additional details
Complaint #201606987, July 2016
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 39 Exonerated
additional details
Complaint #201601572, February 2016
Allegation Complainant CCRB Conclusion
Force: Pepper spray Black Female, 36 Substantiated (Formalized Training)
Penalty: Formalized Training
additional details
Complaint #201501088, February 2015
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 51 Exonerated
additional details
Complaint #201411652, October 2014
Allegation CCRB Conclusion
Abuse of Authority: Gun Drawn 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.
'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.


Lawsuits

Named in 3 known lawsuits, $80,000 total settlements.

Hunter, Armell vs City of New York, et al.
Case # 724026/2020, Supreme Court - Queens, December 10, 2020

Bryant, Willie vs City of New York, et al.
Case # 715855/2019, Supreme Court - Queens, September 20, 2019, ended October 28, 2020
$50,000 Settlement

Marcellin, Sean vs City of New York, et al.
Case # 19CV02076, U.S. District Court - Eastern District NY, July 9, 2019, ended December 21, 2019
$30,000 Settlement
Complaint
Description: On January 11, 2018, Plaintiff Sean Marcellin, an employee of Enterprise Rent-A-Car, was driving one of their rental cars to a car wash when he passed by an unmarked police car. As he passed, he noticed that Defendant Officers Berkowitz, Devane, and Mercurio were staring at him from inside the vehicle. The unmarked police car then began tailing Mr. Marcellin and eventually pulled his car over. As Mr. Marcellin pulled over, he signaled to a nearby bystander, who began to record the incident. Defendant Officer Berkowitz approached the car and demanded that Mr. Marcellin produce his license. Mr. Marcellin mistakenly produced his learner's permit instead of his license, at which point he was threatened by Defendant...