Kirk Fernandes

Badge #2531, Hispanic Male
Former Detective Grade 3 at Narcotics Borough Brooklyn North
Also served at 83rd Precinct
Service started July 2004, ended February 2016, Tax #934850

Lawsuit settlements:
$9,500   Thomas, Tarsha, et al. vs City of New York, et al., 2015 EDNY EDNY 15CV02569
$15,000   Foster, Tammy vs City of New York, et al., 2014 EDNY EDNY 14CV04602
$1,500   Johnson, Dwayne, et al. vs City of New York, et al., 2014 EDNY EDNY 14CV03313
$20,000   Young, Annette vs City of New York, et al., 2014 EDNY EDNY 14CV00055
$8,500   Durant, Anna vs City of New York, et al., 2013 EDNY EDNY 13CV01973
$8,500   Foy, Khadidja vs City of New York, et al., 2013 EDNY EDNY 13CV01972
$23,500   Brewster v. The City of New York et al, EDNY EDNY 11CV04874
$47,500   Bryant et al v. City of New York et al, EDNY EDNY 11CV05147
$4,500   Nesfield v. The City of New York, EDNY EDNY 11CV06342
$120,000   Clark et al. v. City of New York et al., EDNY EDNY 12CV00243
$8,500   Croney v. The City of New York, EDNY EDNY 12CV00251
$3,000   Booker v. The City of New York, EDNY EDNY 12CV00253
$2,000   Deleon v. The City of New York, EDNY EDNY 12CV00257
$24,000   Lopez v. The City of New York, SDNY SDNY 12CV01408
View Details

Complaints

5 Complaints
12 Allegations
0 Substantiated
3 Complainant Uncooperative
4 Exonerated
4 Unsubstantiated
1 Victim Unidentified

Complaint #201404272, April 2014
Allegation: Force: Gun Pointed
Complainant: Black Male, 50
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 50
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201212764, September 2012
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Victim Unidentified
additional details

Complaint #201112328, September 2011
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Complainant Uncooperative
Allegation: Force: Physical force
Complainant: Black Female, 24
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Male, 31
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200816181, November 2008
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 20
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 20
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 20
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200604463, April 2006
Allegation: Force: Physical force
Complainant: Black Female, 39
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Male
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Male
CCRB Conclusion: Exonerated
additional details

Complaint #201404272, April 2014
Allegation Complainant CCRB Conclusion
Force: Gun Pointed Black Male, 50 Unsubstantiated
Abuse of Authority: Threat of arrest Black Male, 50 Unsubstantiated
additional details
Complaint #201212764, September 2012
Allegation CCRB Conclusion
Abuse of Authority: Frisk Victim Unidentified
additional details
Complaint #201112328, September 2011
Allegation Complainant CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Complainant Uncooperative
Force: Physical force Black Female, 24 Complainant Uncooperative
Abuse of Authority: Refusal to provide name/shield number Black Male, 31 Complainant Uncooperative
additional details
Complaint #200816181, November 2008
Allegation Complainant CCRB Conclusion
Abuse of Authority: Frisk Black Male, 20 Unsubstantiated
Abuse of Authority: Stop Black Male, 20 Exonerated
Abuse of Authority: Search (of person) Black Male, 20 Unsubstantiated
additional details
Complaint #200604463, April 2006
Allegation Complainant CCRB Conclusion
Force: Physical force Black Female, 39 Exonerated
Force: Physical force Male 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.
'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 15 known lawsuits, $296,000 total settlements.

Thomas, Tarsha, et al. vs City of New York, et al.
Case # 15CV02569, U.S. District Court - Eastern District NY, May 11, 2015, ended October 26, 2015
$9,500 Settlement
Complaint
Description: Plaintiffs were at their apartment when defendant officers entered, strip-searched them, arrested them, and took them to the 90th Precinct. One plaintiff who was pregnant was denied medical attention and excessive force was used against her. Plaintiff 1 was charged with 220.03 and 260.10(1) which were ACD'd. Plaintiff 2 was charged with 220.03 and 221.05, which were ACD'd. Plaintiff 3 was charged with 220.03, AC 10-131.13, and 221.05, which were ACD'd. Plaintiff 4 was charged with 220.03 and 221.05, which she pled guilty to.

Foster, Tammy vs City of New York, et al.
Case # 14CV04602, U.S. District Court - Eastern District NY, August 14, 2014, ended July 1, 2016
$15,000 Settlement
Complaint
Description: On June 6, 2013, plaintiff was asleep at her home when officers broke in, charged into her room with guns draw, and arrested the plaintiff. Plaintiff was unnecessarily grabbed, placed in tight handcuffs and forced to change with the bathroom door open while male officers were present. Plaintiff was then taken to the police car, where she was questioned before being taken to the precinct and then to central booking, where plaintiff was subject to filthy and inhumane conditions. Officers then told the DA falsely that plaintiff had committed a crime, so the DA decided to prosecute plaintiff. Plaintiff was held overnight before being released, and the DA later dismissed the case.

Johnson, Dwayne, et al. vs City of New York, et al.
Case # 14CV03313, U.S. District Court - Eastern District NY, June 9, 2014, ended June 21, 2015
$1,500 Settlement
Complaint

Young, Annette vs City of New York, et al.
Case # 14CV00055, U.S. District Court - Eastern District NY, January 16, 2014, ended September 17, 2014
$20,000 Settlement
Complaint
Description: On October 11, 2013, defendant officers arrested plaintiff without cause. Prior to her arrest, plaintiff had just stepped out of her home and was heading to a nearby corner store when the defendants suddenly ran up to her. The defendants directed the plaintiff to submit herself to an illegal search, with defendants pushing, shoving and grabbing her. Even though the search did not yield anything illegal, defendants nonetheless tightly handcuffed plaintiff and refused all of her requests to loosen the cuffs. Defendants then placed plaintiff in the back of the police vehicle where she was detained for hours as defendants drove from one place to another. Plaintiff requested medical attention and defendants denied h...

Durant, Anna vs City of New York, et al.
Case # 13CV01973, U.S. District Court - Eastern District NY, April 24, 2013, ended September 30, 2013
$8,500 Settlement
Complaint, Stipulation
Description: On or about June 30, 2011, Plaintiff was visiting one of her friends and wanted to use the bathroom. Shortly thereafter, Defendant officers stormed into the apartment, arrested Plaintiff, and tightly handcuffed Plaintiff with her hands placed behind her back. After falsely arresting Plaintiff, Defendant officers transported Plaintiff to the NYPD-77th Precinct. During the arrest and while at the precinct, Defendant officers subjected Plaintiff to an intrusive and illegal bodily search. Defendant officers charged Plaintiff with PL 220.16 ‘Criminal possession of a controlled substance in the third degree,’ among other charges. Eventually, Plaintiff was transported to the Central Booking to await arraignment. Meanw...

Foy, Khadidja vs City of New York, et al.
Case # 13CV01972, U.S. District Court - Eastern District NY, April 24, 2013, ended September 30, 2013
$8,500 Settlement
Complaint, Letter of Stipulation
Description: On or about June 30, 2011, Plaintiff was visiting one of her friends and wanted to use the bathroom. Shortly thereafter, Defendant officers stormed into the apartment, arrested Plaintiff, and tightly handcuffed Plaintiff with her hands placed behind her back. After falsely arresting Plaintiff, Defendant officers transported Plaintiff to the NYPD-77th Precinct. During the arrest and while at the precinct, Defendant officers subjected Plaintiff to an intrusive and illegal bodily search. Defendant officers charged Plaintiff with PL 220.16 ‘Criminal possession of a controlled substance in the third degree,’ among other charges. Eventually, Plaintiff was transported to the Central Booking to await arraignment. Meanw...

Brewster v. The City of New York et al
Case # 11CV04874, U.S. District Court - Eastern District NY
$23,500 Settlement
Amended Complaint, Stipulation

Bryant et al v. City of New York et al
Case # 11CV05147, U.S. District Court - Eastern District NY
$47,500 Settlement
Complaint, Stipulation

Nesfield v. The City of New York
Case # 11CV06342, U.S. District Court - Eastern District NY
$4,500 Settlement
First Amended Complaint, Stipulation

Clark et al. v. City of New York et al.
Case # 12CV00243, U.S. District Court - Eastern District NY
$120,000 Settlement
Stipulation, Amended Complaint
Description: Defendant Officers gained forcible entry into the residence of the plaintiffs. A defendant officer in a face mask assaulted plaintiff 1, who was 75 at the time, and plaintiff 2. All Plaintiffs were handcuffed within the premises of Kingsborough Walk. Defendant officers then searched the subject premises. Plaintiffs 1, 2, & 3 were brought to 77th Precinct. The DA ultimately declined to prosecute the charges brought against them. In a separate incident, on 7/13/2011, Plaintiff 4 was arrested at the 77th Precinct, after reporting thereunder claims he was wanted. Threatened by defendant officers, he turned himself in after being told that if he did not, his family would remain imprisoned. The DA later declined to ...

Croney v. The City of New York
Case # 12CV00251, U.S. District Court - Eastern District NY
$8,500 Settlement
Amended Complaint

Booker v. The City of New York
Case # 12CV00253, U.S. District Court - Eastern District NY
$3,000 Settlement
Amended Complaint, Stipulation

Cornwell v. The City of New York
Case # 12CV00255, U.S. District Court - Eastern District NY
Settlement
Amended Complaint, Stipulation

Deleon v. The City of New York
Case # 12CV00257, U.S. District Court - Eastern District NY
$2,000 Settlement
Stipulation, Amended Complaint

Lopez v. The City of New York
Case # 12CV01408, U.S. District Court - Southern District NY
$24,000 Settlement
12-cv-01408-DAB stip.pdf, 12-cv-01408-DAB.pdf

Other Documents