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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unable to Determine': The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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.
'Within NYPD Guidelines': The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
Further details on conclusions.
Named in 5 known lawsuits, $65,000 total settlements.
Auguste, Pierre vs City of Ny, et al.
Case # 719609/2023,
Supreme Court - Queens, September 21, 2023
Complaint
Description: On August 31, 2021, Plaintiff was in obeyance of all laws while been on a sidewalk, when he was caused to be unlawfully stopped, detained, battered and assaulted, seized and searched, and falsely arrested by or at the direction of Defendants, including JOHN GASPERETTI and other unknown police officers.
Defendants falsely accused Plaintiff of a criminal offense, without probable cause, reasonable suspicion, valid search or arrest warrant for the aggression of two women whereas Plaintiff protected them against the aggressor. Without listening to his explanation, the Defendants aggressively grabbed him about
his head and body before unlawfully searching his person and applied the handcuffs causing him injuries....
Freistat, Kyle vs Det. Gasperetti, Daniel, et al.
Case # 17CV05870,
U.S. District Court - Southern District NY, January 30, 2018, ended October 24, 2022
Order/Judgment (Verdict)
Complaint
Description: On July 26, 2017, Plaintiff was stopped while driving a vehicle by Defendant police officers Daniel Gasperetti & Anthony Arlistico, "damaging the property and my health in the process." Plaintiff was brought to the precinct and a hospital, with unspecified police misconduct continuing in both locations. Plaintiff's injuries included "foot trampling, strangulation, beating on body, face and skull marks of a permanent injury nature" and resulted in an inability to stand at his court arraignment, where he had to be supported by two court officers. Unspecified prosecutorial and judicial misconduct are also alleged.
Smith, Tracy Png of Morris, Javon vs City of New York, et al.
Case # 704133/2013,
Supreme Court - Queens, September 30, 2013, ended August 11, 2017
$25,000 Settlement
Complaint
Description: On October 25th, 2012 plaintiff Javon Morris met up with Shaiquan Wilson and Darnell Anderson on 164th Street and Jamaica Avenue before walking over to Kings Parks to play basketball. Once they arrived at the park 5 police vehicles entered the park and surrounded the plaintiff and his friends with their guns drawn, yelled for them to get down. The plaintiff and his friends complied and when they asked the officers what they did the police responded "SHUT UP". The officers then drove the plaintiff and his friends over to 92-17 Jamaica Avenue where complainant Terrance Payne was overhead by the plaintiff as saying that the plaintiff and his friends did not assault him. Instead of letting the boys go, the offi...
Wilson, Shaiquan vs City of New York, et al.
Case # 701618/2013,
Supreme Court - Queens, May 6, 2013, ended August 11, 2017
$40,000 Settlement
Complaint
Description: On or about October 25, 2012, Plaintiff was with his friends at a park when approximately five police vehicles entered the park. Defendant NYPD police officers then surrounded Plaintiff and his friends with their guns drawn. The police then drove Plaintiff and his friends to another location where a complainant stated that Plaintiff and his friends were not the guys who had assaulted/robbed him. Instead of releasing Plaintiff and his friends, the police took them down to the precinct. Later that night, the complainant, under pressure from a police officer, identified Plaintiff as the person who had assaulted him. Plaintiff was remanded to a prison for 12 days. Plaintiff later found out that charges against him ...
Freistat v. NYPD et al
Case # 17CV05870,
U.S. District Court - Eastern District NY
Complaint
Description: Defendant officers trampled upon Plaintiff's vehicle, damaging his property and his health in the process. As a result of the actions of the Defendant Officers, the Plaintiff experienced foot trampling, strangulation, beatings on his body, and face and skull marks of a permanent injury nature.