Raphael D. Encarnacion

Badge #28267, Hispanic Male
Former Police Officer at 40th Precinct
Service started July 2005, ended March 2024, Tax #938430


Lawsuit Settlements:
$40,000   Brice, Christina vs E.R. Car Service, Inc., et al., 2013 BCSC BCSC 024279/2013
View Details

Complaints

4 Complaints
11 Allegations
0 Substantiated
3 Complainant Uncooperative
1 Complaint Withdrawn
3 Exonerated
4 Unsubstantiated

Complaint #202207143, October 2022
Allegation: Force: Physical force
Complainant: Female, 18-20
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Frisk
Complainant: Female, 18-20
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Sexual Miscon (Inappropriate Touching)
Complainant: Female, 18-20
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200702212, February 2007
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Female, 33
CCRB Conclusion: Complaint Withdrawn
additional details

Complaint #200616313, December 2006
Allegation: Discourtesy: Word
Complainant: Black Male, 24
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Property damaged
Complainant: Black Male, 24
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 24
CCRB Conclusion: Exonerated
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: Black Male, 24
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Female, 19
CCRB Conclusion: Exonerated
additional details

Complaint #200614683, November 2006
Allegation: Abuse of Authority: Threat of arrest
Complainant: Hispanic Female, 29
CCRB Conclusion: Unsubstantiated
Allegation: Force: Other
Complainant: Hispanic Female, 29
CCRB Conclusion: Unsubstantiated
additional details

Complaint #202207143, October 2022
Allegation Complainant CCRB Conclusion
Force: Physical force Female, 18-20 Complainant Uncooperative
Abuse of Authority: Frisk Female, 18-20 Complainant Uncooperative
Abuse of Authority: Sexual Miscon (Inappropriate Touching) Female, 18-20 Complainant Uncooperative
additional details
Complaint #200702212, February 2007
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name/shield number Female, 33 Complaint Withdrawn
additional details
Complaint #200616313, December 2006
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 24 Unsubstantiated
Abuse of Authority: Property damaged Black Male, 24 Unsubstantiated
Force: Physical force Black Male, 24 Exonerated
Force: Nightstick as club (incl asp & baton) Black Male, 24 Exonerated
Abuse of Authority: Threat of arrest Black Female, 19 Exonerated
additional details
Complaint #200614683, November 2006
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Hispanic Female, 29 Unsubstantiated
Force: Other Hispanic Female, 29 Unsubstantiated
additional details

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Discipline

Case: 2011-6066
Document
Opened: 10/26/2011
Closed: 9/12/2014
Case Details:
  1. Guilty: On two (2) occasions, requested the assistance from a member of the service to prevent the processing and adjudication of summonses
Penalty: Dismissal from the New York City Police Department; however, judgment is suspended and respondent will be placed on dismissal probation for a period of one (1) year. Forfeiture of five (5) days to be served on suspension and forfeiture of twenty-five (25) vacation days.


Lawsuits

Brice, Christina vs E.R. Car Service, Inc., et al.
Case # 024279/2013, Supreme Court - Bronx, December 3, 2013, ended October 22, 2018
$40,000 Settlement

Other Documents

NYPD Trial Decision 9/12/2014