Substantiated Allegations:
Abuse of Authority: Failure to provide RTKA card (2)
Abuse of Authority: Failure to provide RTKA card (2)
Michael V. Fortunato
Badge #27771,
White Male
Also served at
Patrol Borough Brooklyn North
Service
started July 2013,
made $129,000 last year,
Tax #954820
Discipline Cases:
Case: 2022-26861
Closed: 2/9/2023
Case: 2022-26290
Closed: 10/14/2022
Case: 2022-26289
Closed: 10/10/2022
View Details
Lawsuit settlements:
$10,000 Merizalde, Johnny, et Al vs City of New York, et al., 2021 EDNY EDNY 21CV01822
View Details
$10,000 Merizalde, Johnny, et Al vs City of New York, et al., 2021 EDNY EDNY 21CV01822
View Details
Complaints
5
Complaints
13
Allegations
2
Substantiated
2
Substantiated (Command Discipline A)
1
Closed - Pending Litigation
4
Exonerated
2
Unfounded
4
Unsubstantiated
Complaint #202206420,
September 2022
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Asian Male, 35-39 |
| CCRB Conclusion: | Closed - Pending Litigation |
Complaint #202101825,
March 2021
additional details
| Allegation: | Force: Gun Pointed |
|---|---|
| Complainant: | Hispanic Male, 25-29 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Abuse of Authority: Property damaged |
| Complainant: | Hispanic Male, 25-29 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Force: Physical force |
| Complainant: | Hispanic Male, 25-29 |
| CCRB Conclusion: | Unsubstantiated |
Complaint #202003435,
April 2020
additional details
| Allegation: | Abuse of Authority: Vehicle stop |
|---|---|
| Complainant: | Male, 35-39 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Abuse of Authority: Frisk |
| Complainant: | Male, 35-39 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Abuse of Authority: Vehicle search |
| Complainant: | Male, 35-39 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Abuse of Authority: Property damaged |
| Complainant: | Female, 30-34 |
| CCRB Conclusion: | Unfounded |
| Allegation: | Abuse of Authority: Frisk |
| Complainant: | Male, 35-39 |
| CCRB Conclusion: | Unfounded |
| Allegation: | Abuse of Authority: Failure to provide RTKA card |
| Complainant: | Male, 35-39 |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Allegation: | Abuse of Authority: Failure to provide RTKA card |
| Complainant: | Female, 30-34 |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| NYPD Conclusion: | No Disciplinary Action-DUP |
| Penalty: | No penalty |
Complaint #201804003,
May 2018
additional details
| Allegation: | Abuse of Authority: Property damaged |
|---|---|
| Complainant: | Black Female, 58 |
| CCRB Conclusion: | Unsubstantiated |
| Documents: | Complaint Closing Report |
Complaint #201502327,
March 2015
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Black Male, 15 |
| CCRB Conclusion: | Unsubstantiated |
| Complaint #202206420, September 2022 | ||
|---|---|---|
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Asian Male, 35-39 | Closed - Pending Litigation |
| additional details | ||
| Complaint #202101825, March 2021 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Gun Pointed | Hispanic Male, 25-29 | Exonerated |
| Abuse of Authority: Property damaged | Hispanic Male, 25-29 | Exonerated |
| Force: Physical force | Hispanic Male, 25-29 | Unsubstantiated |
| additional details | ||
| Complaint #202003435, April 2020 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Vehicle stop | Male, 35-39 | Unsubstantiated |
| Abuse of Authority: Frisk | Male, 35-39 | Exonerated |
| Abuse of Authority: Vehicle search | Male, 35-39 | Exonerated |
| Abuse of Authority: Property damaged | Female, 30-34 | Unfounded |
| Abuse of Authority: Frisk | Male, 35-39 | Unfounded |
| Abuse of Authority: Failure to provide RTKA card | Male, 35-39 | Substantiated (Command Discipline A) |
| Abuse of Authority: Failure to provide RTKA card | Female, 30-34 | Substantiated (Command Discipline A) |
| NYPD Conclusion: No Disciplinary Action-DUP | ||
| Penalty: No penalty | ||
| additional details | ||
| Complaint #201804003, May 2018 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Property damaged | Black Female, 58 | Unsubstantiated |
| Documents: | Complaint Closing Report | |
| additional details | ||
| Complaint #201502327, March 2015 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Black Male, 15 | Unsubstantiated |
| 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.
Further details on conclusion definitions.
Discipline
Case: 2022-26861
Closed: 2/9/2023
Case Details:
- Failed to prepare required reports.
Recommendation: Other
Case: 2022-26290
Closed: 10/14/2022
Case Details:
- Failed to make required entries in Department logs.
- Failed to prepare required reports.
Recommendation: Other
Case: 2022-26289
Closed: 10/10/2022
Case Details:
- Violated patrol rules.
Recommendation: Command Discipline - B
Lawsuits
Named in 2 known lawsuits, $10,000 total settlements.Diallo, Alpha, et al. vs City of New York, et al.
Case # 708783/2022, Supreme Court - Queens, April 25, 2022
Merizalde, Johnny, et Al vs City of New York, et al.
Case # 21CV01822, U.S. District Court - Eastern District NY, May 14, 2021, ended February 25, 2022
$10,000 Settlement
Complaint
Description: On May 28, 2019, Plaintiffs Johnny Merizalde and Raymond Pastrana were working for Plaintiff Xtreme. Xtreme is a towing/impound company. Plaintifs Merizalde and Pastrana went to a commercial property to tow an illegally parked car when Sgt Edilio Cruz and Officer "John Doe" approached and began yelling at them from their police vehicle. Merizalde was arrested and spent over 24 hours in police custody amd was charged with Unauthorized Use of a Vehicle. On January 8, 2020, Merizalde and Pastrana returned to the same commercial property to tow three illegally parked vehicles. Officer E. Cruz, Michael Fortunato, and "John Doe," arrived and arrested them both. Officer Fortunato told Mrizalde at the precinct "We jus...