Oscar J. Fernandez

Badge #7103, Hispanic Male
Former Detective Grade 3 at Organized Crime Investigation Division
Service started July 2003, ended June 2023, Tax #932636

Substantiated Allegations:
Abuse of Authority: Stop

Discipline Cases:

Case: 2013-10915
Closed: 8/25/2014
Case: 2010-3032
Closed: 4/3/2013

View Details

Lawsuit settlements:
$200,000   Edwards, Glenn, et al. vs City of New York, et al., 2015 SDNY SDNY 17CV02566
$40,000   Martinez, Rafael, et al. vs City of New York, et al., 2014 SDNY SDNY 14CV05292
$20,000   Soler, Jesse vs City of New York, et al., 2014 SDNY SDNY 14CV04668
$20,000   Jones, Tyrone vs City of New York, et al., 2013 BCSC BCSC 308848/2012
$25,000   Miyares v. The City of New York et al, SDNY SDNY 11CV04297
View Details

Complaints

6 Complaints
11 Allegations
1 Substantiated
1 Substantiated (Charges)
1 Alleged Victim Uncooperative
5 Exonerated
2 Unfounded
2 Unsubstantiated

Complaint #201013840, October 2010
Allegation: Force: Physical force
Complainant: Black Male, 60
CCRB Conclusion: Unfounded
Allegation: Discourtesy: Word
Complainant: Black Male, 60
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 60
CCRB Conclusion: Exonerated
additional details

Complaint #201007188, May 2010
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: Hispanic Male, 24
CCRB Conclusion: Alleged Victim Uncooperative
additional details

Complaint #200918902, December 2009
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 50
CCRB Conclusion: Substantiated (Charges)
Penalty: Instructions
additional details

Complaint #200613565, October 2006
Allegation: Force: Chokehold
Complainant: Black Male, 17
CCRB Conclusion: Unfounded
Allegation: Force: Physical force
Complainant: Black Male, 17
CCRB Conclusion: Exonerated
additional details

Complaint #200602801, March 2006
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 24
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search (of person)
Complainant: Male
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200514385, February 2005
Allegation: Force: Physical force
Complainant: Black Male, 22
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Male
CCRB Conclusion: Exonerated
additional details

Complaint #201013840, October 2010
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 60 Unfounded
Discourtesy: Word Black Male, 60 Unsubstantiated
Abuse of Authority: Stop Black Male, 60 Exonerated
additional details
Complaint #201007188, May 2010
Allegation Complainant CCRB Conclusion
Force: Nightstick as club (incl asp & baton) Hispanic Male, 24 Alleged Victim Uncooperative
additional details
Complaint #200918902, December 2009
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 50 Substantiated (Charges)
Penalty: Instructions
additional details
Complaint #200613565, October 2006
Allegation Complainant CCRB Conclusion
Force: Chokehold Black Male, 17 Unfounded
Force: Physical force Black Male, 17 Exonerated
additional details
Complaint #200602801, March 2006
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop Black Male, 24 Exonerated
Abuse of Authority: Search (of person) Male Unsubstantiated
additional details
Complaint #200514385, February 2005
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 22 Exonerated
Force: Physical force Male 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.

Further details on conclusion definitions.


Discipline

Case: 2013-10915
Opened: 12/30/2013
Closed: 8/25/2014
Case Details:
  1. Guilty: Failed to safeguard a prisoner resulting in the escape of said prisoner
Penalty: Forfeiture of ten (10) vacation days

Case: 2010-3032
Closed: 4/3/2013
Case Details:
  1. Guilty: While on duty , failed to make activity log entries relating to the stop of a person known to the Department.
Penalty: B - Command Discipline, instructions


Lawsuits

Named in 12 known lawsuits, $305,000 total settlements.

Steinbergin, Troy vs City of New York, et al.
Case # 159315/2021, Supreme Court - New York, October 25, 2021, ended April 12, 2023
Zero Disposition

Spruill, Jeremiah vs City of New York, et al.
Case # 21CV00181, U.S. District Court - Southern District NY, January 26, 2021
Complaint

Spruill, Jeremiah vs City of New York, et al.
Case # 153749/2019, Supreme Court - New York, April 19, 2019

Moss, Raymond vs City of New York, et al.
Case # 155183/2017, Supreme Court - New York, June 28, 2017, ended July 18, 2018
Zero Disposition

Priveterre, Stephen vs Charlson, Sean, et al.
Case # 14CV08841, U.S. District Court - Southern District NY, July 15, 2015, ended August 5, 2016
Zero Disposition
Complaint

Edwards, Glenn, et al. vs City of New York, et al.
Case # 17CV02566, U.S. District Court - Southern District NY, March 26, 2015, ended June 4, 2019
$200,000 Settlement
Complaint, Amended Complaint
Description: Officers unlawfully entered the plaintiffs' residence while Ms. Edwards was naked. The officers pointed weapons at the plaintiffs, forced them to the ground, and handcuffed them. They also refused to allow Ms. Edwards to change into clothes. Officers then accused the plaintiffs of selling drugs from their home in the presence of their 10-year-old granddaughter.

Cruz, Richard vs City of New York, et al.
Case # 15CV01327, U.S. District Court - Southern District NY, February 24, 2015, ended January 20, 2016
Zero Disposition
Complaint
Description: Plaintiff Richard Cruz , was lawfully present in front of 70 East 115th Street. At this time , the defendants approached plaintiff and immediately placed him under arrest and held for 48 hours. Plaintiff was charged with Criminal Possession in Third Degree and Unlawful Possession of Marijuana, which were later dismissed

Martinez, Rafael, et al. vs City of New York, et al.
Case # 14CV05292, U.S. District Court - Southern District NY, August 21, 2014, ended February 26, 2015
$40,000 Settlement
Complaint
Description: On August 10, 2011, Plaintiffs Rafael Martinez and Karina Perez were unlawfully stopped, searched, arrested and subjected to excessive force by detectives Anthony Marion, James White, David Kantor, and Oscar Fernandez. Plaintiffs allege unlawful search and seizure, false arrest, excessive force, and malicious prosecution.

Soler, Jesse vs City of New York, et al.
Case # 14CV04668, U.S. District Court - Southern District NY, June 26, 2014, ended December 18, 2014
$20,000 Settlement
Complaint
Description: On April 27, 2013, Plaintiff had legally stopped his car and stepped out to speak to a friend. Undercover officers approached and questioned Plaintiff about his motive for being there. The officers offered to let him go if Plaintiff allowed them to search his car. He did and nothing was found. After Plaintiff refused their further demand to search his person, the officers arrested Plaintiff, handcuffed him and searched him. The officers allegedly found a small amount of narcotics on Plaintiff. Based on this false finding, Plaintiff was held for 36 hours before making bail. While in custody officers offered to release him in exchange for becoming an informant. Charges were favorably terminated on May 29,...

Jones, Tyrone vs City of New York, et al.
Case # 308848/2012, Supreme Court - Bronx, February 6, 2013, ended February 9, 2016
$20,000 Settlement

Edwards v. City of New York et al.
Case # 152345/2015, Supreme Court - New York
Amended Complaint, Second Amended Complaint

Miyares v. The City of New York et al
Case # 11CV04297, U.S. District Court - Southern District NY
$25,000 Settlement
First Amended Complaint
Description: On March 25, 2010, at and in the vicinity of 562 Academy Street, Apartment H24, New York, New York 10034 ("the apartment"), the 25th and 34th Precincts, located in New York, New York and Manhattan Central Booking, several police officers operating from the Manhattan North Narcotics Bureau, including upon information and belief, defendants Det. Garcia, and P.O. John and Jane Does # 1-5, at times acting in concert and at times acting independently, committed the following illegal acts against the plaintiff. On March 25, 2010, at approximately 6:00 a.m., at and in the vicinity of 562 Academy Street, Apartment H24, New York, New York, plaintiff was an overnight guest in the apartment when, without consent, an arres...

Other Documents

Brooklyn DA Disclosure Letter references additional CCRB complaint #201202516