Andrew Kinsella

Badge #5555, White Male
Former Sergeant at Gang Squad Staten Island
Service started August 1998, ended August 2020, Tax #922593

Substantiated Allegations:
Abuse of Authority: Frisk and/or search
Abuse of Authority: Refusal to provide name/shield number

Lawsuit settlements:
$17,500   Grell, Lisa vs City of New York, et al., 2018 SDNY SDNY 17CV09917
$77,500   Ljutic, Victoria vs City of New York, et al., 2017 EDNY EDNY 17CV07169
$122,500   Zichettello, John vs City of New York, et al., 2017 EDNY EDNY 17CV07149
$55,000   Clay, Sam, et al. vs City of New York, et al., 2014 EDNY EDNY 14CV01633
$45,000   Strong v. City Of New York et al, EDNY EDNY 10CV01602
$285,000   Patterson et al v. City of New York et al, EDNY EDNY 10CV00231
$35,000   Humphreys et al v. City of New York et al, EDNY EDNY 10CV03011
$20,000   Butta et al v. City of New York et al, EDNY EDNY 11CV02843
$60,000   Marrow et al v. City of New York et al, EDNY EDNY 11CV03054
$10,001   Moore v. The City of New York et al, SDNY SDNY 11CV07771
$5,001   Brace v. The City of New York et al, SDNY SDNY 12CV06466
View Details

Complaints

8 Complaints
12 Allegations
2 Substantiated
2 Substantiated (Charges)
4 Exonerated
1 Miscellaneous - Subject Resigned
2 Unfounded
3 Unsubstantiated

Complaint #201801406, February 2018
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 43
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201509914, October 2015
Allegation: Abuse of Authority: Strip-searched
Complainant: Hispanic Male, 35
CCRB Conclusion: Exonerated
additional details

Complaint #200805517, April 2008
Allegation: Discourtesy: Word
Complainant: White Female, 47
CCRB Conclusion: Unfounded
Allegation: Force: Physical force
Complainant: White Female, 47
CCRB Conclusion: Unfounded
additional details

Complaint #200716428, November 2007
Allegation: Abuse of Authority: Stop
Complainant: White Male, 31
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: White Male, 31
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200403482, April 2004
Allegation: Abuse of Authority: Property damaged
Complainant: White Male, 27
CCRB Conclusion: Miscellaneous - Subject Resigned
additional details

Complaint #200307034, September 2003
Allegation: Force: Physical force
Complainant: Black Male, 26
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200300872, January 2003
Allegation: Abuse of Authority: Question and/or stop
Complainant: White Male, 16
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: White Male, 16
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Frisk and/or search
Complainant: White Male, 16
CCRB Conclusion: Substantiated (Charges)
Penalty: Command Discipline - A
additional details

Complaint #200107990, December 2001
Allegation: Force: Physical force
Complainant: White Male, 42
CCRB Conclusion: Exonerated
additional details

Complaint #201801406, February 2018
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop Black Male, 43 Unsubstantiated
additional details
Complaint #201509914, October 2015
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Hispanic Male, 35 Exonerated
additional details
Complaint #200805517, April 2008
Allegation Complainant CCRB Conclusion
Discourtesy: Word White Female, 47 Unfounded
Force: Physical force White Female, 47 Unfounded
additional details
Complaint #200716428, November 2007
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop White Male, 31 Exonerated
Abuse of Authority: Refusal to provide name/shield number White Male, 31 Unsubstantiated
additional details
Complaint #200403482, April 2004
Allegation Complainant CCRB Conclusion
Abuse of Authority: Property damaged White Male, 27 Miscellaneous - Subject Resigned
additional details
Complaint #200307034, September 2003
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 26 Unsubstantiated
additional details
Complaint #200300872, January 2003
Allegation Complainant CCRB Conclusion
Abuse of Authority: Question and/or stop White Male, 16 Exonerated
Abuse of Authority: Refusal to provide name/shield number White Male, 16 Substantiated (Charges)
Abuse of Authority: Frisk and/or search White Male, 16 Substantiated (Charges)
Penalty: Command Discipline - A
additional details
Complaint #200107990, December 2001
Allegation Complainant CCRB Conclusion
Force: Physical force White Male, 42 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.


Lawsuits

Named in 14 known lawsuits, $732,502 total settlements.

Grell, Lisa vs City of New York, et al.
Case # 17CV09917, U.S. District Court - Southern District NY, February 9, 2018, ended August 13, 2018
$17,500 Settlement
Complaint
Description: Defendant Officers entered Plaintiff's residence without her permission or a warrant and the plaintiff was unlawfully arrested based on an 'i-card' and handcuffs were placed on excessively tight. Defendant Officer Friedman was told by Defendant Officer UC#0210 that the Plaintiff sold illegal substances which was a lie. Plaintiff was taken to the 120th Precinct, charged with criminal sale and criminal possession of a controlled substance in the third degree, which were later dismissed.

Ljutic, Victoria vs City of New York, et al.
Case # 17CV07169, U.S. District Court - Eastern District NY, December 12, 2017, ended March 25, 2020
$77,500 Settlement
Complaint
Description: Plaintiff was falsely arrested and Defendant Officers Miller and Blanco created or manufactured false evidence and was brought against the Plaintiff. Fabricated allegations that Plaintiff sold drugs.

Zichettello, John vs City of New York, et al.
Case # 17CV07149, U.S. District Court - Eastern District NY, December 12, 2017, ended September 1, 2020
$122,500 Settlement
Complaint
Description: On March 23, 2017, Defendant NYPD narcotics officers falsely arrested plaintiff, John Zichettello, inside a laundromat for no apparent reason. Plaintiff was then driven around handcuffed in a police van, and was eventually taken to the NYPD 120th precinct, where he was held in jail. Plaintiff claims that Defendant officers, including Miller, Kinsella, Folvarsky, and Blanco created and manufactured false evidence alleging that he sold drugs, which was conveyed to the Richmond Cty DA's Office and utilized in the criminal prosecution brought against him. Bail was set, resulting in Plaintiff's continued imprisonment for several days on Rikers Island.

Clay, Sam, et al. vs City of New York, et al.
Case # 14CV01633, U.S. District Court - Eastern District NY, March 25, 2014, ended January 29, 2015
$55,000 Settlement
Complaint, Amended Complaint, Stipulation
Description: On November 16, 2011, Plaintiffs were lawfully present near residence in Staten Island when NYPD officers Andrew Kinsella, Robert Hanson, Cornelius Buckley, Matthew Fried, Gerard Deplete, Salvatore Desantis, John Fanizzi, Randall Littrell, Michael Lopresti, Brendan O'Brien, Vincent Orsini, Michael Rivera, Matthew Reich, Joseph Ryan, Arthur Truscelli and Nicholas Velez entered to execute a search warrant. Despite the fact that none of the Plaintiffs resided at the residence and they were all lawfully present nearby, plaintiffs were handcuffed, arrested, and transported to the 120th police precinct and detained without probable cause. Defendant Kinsella created arrest documents, signed and swore to the criminal c...

Strong v. City Of New York et al
Case # 10CV01602, U.S. District Court - Eastern District NY
$45,000 Settlement
Amended Complaint, Stipulation

Patterson et al v. City of New York et al
Case # 10CV00231, U.S. District Court - Eastern District NY
$285,000 Settlement
Amended Complaint, Stipulation
Description: Defendant Officers Boan and Wittich arrested Plaintiffs, using excessive force on some, and took them to the 120th Precinct, where some Plaintiffs were strip searched. All charges (not specified) against Plaintiffs were later dismissed.

Humphreys et al v. City of New York et al
Case # 10CV03011, U.S. District Court - Eastern District NY
$35,000 Settlement
Amended Complaint, Stipulation

Bumbrey et al v. City Of New York et al
Case # 10CV05188, U.S. District Court - Eastern District NY
Amended Complaint, Stipulation

Butta et al v. City of New York et al
Case # 11CV02843, U.S. District Court - Eastern District NY
$20,000 Settlement
Amended Complaint, Stipulation

Marrow et al v. City of New York et al
Case # 11CV03054, U.S. District Court - Eastern District NY
$60,000 Settlement
Amended Complaint, Stipulation

Farley et al v. City of New York et al
Case # 12CV02901, U.S. District Court - Eastern District NY
Settlement
Order of Discontinuance, First Amended Complaint

Wilcox et al v. City of New York et al
Case # 12CV02978, U.S. District Court - Eastern District NY
complaintcv12-2978.pdf

Moore v. The City of New York et al
Case # 11CV07771, U.S. District Court - Southern District NY
$10,001 Settlement
First Amended Complaint, Stipulation of Settlement

Brace v. The City of New York et al
Case # 12CV06466, U.S. District Court - Southern District NY
$5,001 Settlement
Third Amended Complaint, Order of Judgment

Other Documents

Staten Island DA Disclosure Letter 6/16/2016 references 'Failure to Report/Notify'
Staten Island DA Disclosure Letter references 'Incomplete memo book'