Joseph M. Fernandez

Badge #1815, Hispanic Male
Former Detective Grade 3 at Narcotics Borough Queens North
Service started January 2006, ended July 2022, Tax #940098

Substantiated Allegations:
Abuse of Authority: Threat of arrest
Discourtesy: Word

Lawsuit settlements:
$7,500   Hayden, Nakia, et al. vs City of New York, et al., 2016 EDNY EDNY 16CV00120
$22,000   Gelzer, Dequan vs City of New York, et al., 2015 EDNY EDNY 15CV06118
$12,500   Reese, Rashad vs City of New York, et al., 2015 EDNY EDNY 15CV04403
$17,500   Lowman, Cleanora, et al. vs City of New York, et al., 2015 EDNY EDNY 15CV02777
$149,000   James, Jermain, et al. vs City of New York, et al., 2015 EDNY EDNY 15CV01161
$32,500   Fletcher, Ramon vs City of New York, et al., 2013 EDNY EDNY 13CV05880
View Details

Complaints

16 Complaints
37 Allegations
2 Substantiated
2 Substantiated (Command Discipline A)
2 Alleged Victim Unavailable
1 Closed - Pending Litigation
3 Complainant Uncooperative
7 Exonerated
2 Unfounded
20 Unsubstantiated

Complaint #201901559, February 2019
Allegation: Force: Physical force
Complainant: Black Male, 59
CCRB Conclusion: Closed - Pending Litigation
additional details

Complaint #201610164, December 2016
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
additional details

Complaint #201609941, December 2016
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Refusal to show search warrant
Complainant: Black Female, 60
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201407803, July 2014
Allegation: Discourtesy: Word
Complainant: Black Female, 49
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Female, 49
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Refusal to show search warrant
Complainant: Black Female, 49
CCRB Conclusion: Unsubstantiated
Penalty: Command Discipline - A
Documents: Complaint Closing Report
additional details

Complaint #201403749, April 2014
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201400307, December 2013
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Male, 31
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 31
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201306941, July 2013
Allegation: Force: Physical force
Complainant: Black Male, 47
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201302145, March 2013
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 20
CCRB Conclusion: Alleged Victim Unavailable
additional details

Complaint #201114859, November 2011
Allegation: Force: Physical force
Complainant: Black Male, 23
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Black Male, 23
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Hispanic Male, 24
CCRB Conclusion: Alleged Victim Unavailable
additional details

Complaint #201105609, April 2011
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 23
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201015510, November 2010
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 44
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Black Male, 44
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 44
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 44
CCRB Conclusion: Exonerated
additional details

Complaint #201015139, November 2010
Allegation: Force: Physical force
Complainant: Black Male, 18
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Other
Complainant: Black Male, 18
CCRB Conclusion: Unsubstantiated
Allegation: Force: Chokehold
Complainant: Black Male, 18
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat to notify ACS
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Female, 47
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Female, 47
CCRB Conclusion: Unfounded
additional details

Complaint #201012844, September 2010
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Allegation: Offensive Language: Race
Complainant: Black Male, 21
CCRB Conclusion: Unsubstantiated
Allegation: Offensive Language: Race
Complainant: Black Female, 38
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201007577, June 2010
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Female, 37
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Black Male
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201006542, May 2010
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 18
CCRB Conclusion: Unfounded
additional details

Complaint #201004609, April 2010
Allegation: Force: Chokehold
Complainant: Black Male, 19
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201901559, February 2019
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 59 Closed - Pending Litigation
additional details
Complaint #201610164, December 2016
Allegation CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Exonerated
additional details
Complaint #201609941, December 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Exonerated
Abuse of Authority: Refusal to show search warrant Black Female, 60 Complainant Uncooperative
additional details
Complaint #201407803, July 2014
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Female, 49 Substantiated (Command Discipline A)
Abuse of Authority: Threat of arrest Black Female, 49 Substantiated (Command Discipline A)
Abuse of Authority: Refusal to show search warrant Black Female, 49 Unsubstantiated
Penalty: Command Discipline - A
Documents: Complaint Closing Report
additional details
Complaint #201403749, April 2014
Allegation CCRB Conclusion
Abuse of Authority: Gun Drawn Unsubstantiated
additional details
Complaint #201400307, December 2013
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Black Male, 31 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Black Male, 31 Unsubstantiated
additional details
Complaint #201306941, July 2013
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 47 Unsubstantiated
additional details
Complaint #201302145, March 2013
Allegation Complainant CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Complainant Uncooperative
Abuse of Authority: Stop Complainant Uncooperative
Abuse of Authority: Search (of person) Black Male, 20 Alleged Victim Unavailable
additional details
Complaint #201114859, November 2011
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 23 Unsubstantiated
Discourtesy: Word Black Male, 23 Unsubstantiated
Force: Physical force Hispanic Male, 24 Alleged Victim Unavailable
additional details
Complaint #201105609, April 2011
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Black Male, 23 Unsubstantiated
additional details
Complaint #201015510, November 2010
Allegation Complainant CCRB Conclusion
Abuse of Authority: Frisk Black Male, 44 Exonerated
Discourtesy: Word Black Male, 44 Unsubstantiated
Force: Physical force Black Male, 44 Exonerated
Abuse of Authority: Stop Black Male, 44 Exonerated
additional details
Complaint #201015139, November 2010
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 18 Unsubstantiated
Abuse of Authority: Other Black Male, 18 Unsubstantiated
Force: Chokehold Black Male, 18 Unsubstantiated
Abuse of Authority: Threat to notify ACS Unsubstantiated
Force: Physical force Black Female, 47 Exonerated
Abuse of Authority: Refusal to provide name/shield number Black Female, 47 Unfounded
additional details
Complaint #201012844, September 2010
Allegation Complainant CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Unsubstantiated
Offensive Language: Race Black Male, 21 Unsubstantiated
Offensive Language: Race Black Female, 38 Unsubstantiated
additional details
Complaint #201007577, June 2010
Allegation Complainant CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Unsubstantiated
Abuse of Authority: Threat of arrest Black Female, 37 Exonerated
Discourtesy: Word Black Male Unsubstantiated
additional details
Complaint #201006542, May 2010
Allegation Complainant CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Unsubstantiated
Force: Physical force Black Male, 18 Unfounded
additional details
Complaint #201004609, April 2010
Allegation Complainant CCRB Conclusion
Force: Chokehold Black Male, 19 Unsubstantiated
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 9 known lawsuits, $241,000 total settlements.

Mckoy, Natasha vs City of New York, et al.
Case # 502675/2020, Supreme Court - Kings, February 26, 2020

Mckoy, Natasha vs City of New York, et al.
Case # 523421/2019, Supreme Court - Kings, December 16, 2019

Hayden, Nakia, et al. vs City of New York, et al.
Case # 16CV00120, U.S. District Court - Eastern District NY, February 4, 2016, ended August 10, 2016
$7,500 Settlement
Complaint
Description: As Plaintiff 1 was walking out of his residence, defendant officers pushed their way into his apartment. Defendant Officer Gillespie made homophobic comments, punched him, and handcuffed him on the ground. Plaintiff 1's mom, Plaintiff 2, came to the apartment and saw the officers searching he apartment without a warrant. Plaintiff 1 was left at the apt and Plaintiff 2 was arrested her, brought her to the 75th Precinct, and charged with 220.16 , 220.39, four counts of 220.03, 220.140 , 221.10, and 221.05. Charges were ACD'd. The apartment was damaged and $600 was stolen.

Gelzer, Dequan vs City of New York, et al.
Case # 15CV06118, U.S. District Court - Eastern District NY, November 18, 2015, ended March 7, 2017
$22,000 Settlement
Complaint
Description: On March 12, 2014, Plaintiff and 12 friends celebrated a birthday inside an apartment. POs knocked down the front door, and entered the apartment carrying shields and with weapons drawn. Plaintiff immediately laid face down on the floor and put his hands on his head. POs stepped on Plaintiff's back and then lifted Plaintiff onto his feat. Plaintiff was led to a backroom in the apartment and questioned about guns, to which he responded that he didn't know anything about guns. He was instructed to take off his clothing in the presence of six POs. Plaintiff responded that he didn't have anything and didn't want to talk off his clothes in from of the POs. PO's punched Plaintiff in the face, knocking him to the gr...

Reese, Rashad vs City of New York, et al.
Case # 15CV04403, U.S. District Court - Eastern District NY, August 17, 2015, ended September 21, 2016
$12,500 Settlement
Complaint
Description: Plaintiff arrived at his mother's apartment and realized that his sister and another individual were in the back of a police vehicle. Plaintiff asked three plain clothes defendant officers if he could go inside the apartment to see if his wife and child were safe. One defendant officer made a racist comment towards the plaintiff. Plaintiff was handcuffed, transported him to the 75th precinct. Plaintiff was charged with possession of a controlled substance in the seventh degree. The charge was adjourned in contemplation of dismissal.

Delgado, Angel vs City of New York, et al.
Case # 006042/2015, Supreme Court - Kings, May 15, 2015

Lowman, Cleanora, et al. vs City of New York, et al.
Case # 15CV02777, U.S. District Court - Eastern District NY, May 14, 2015, ended February 16, 2016
$17,500 Settlement
Complaint
Description: Defendant Officers broke into Plaintiff's residence, assaulted one Plaintiff with their fists and a baton until he could no longer walk, took him to the hospital then 75th precinct, and falsely charged him with Possession of a Controlled Substance. Plaintiff 2 confronted the police about what they did to Plaintiff 1, at which point they arrested Plaintiff 2 and charged her with Dis Con. Plaintiff 3 videotaped the arrest of Plaintiff 2, which also caused him to be arrested. Charges against all 3 Plaintiffs were ACD'd

James, Jermain, et al. vs City of New York, et al.
Case # 15CV01161, U.S. District Court - Eastern District NY, March 24, 2015, ended October 10, 2017
$149,000 Settlement
Complaint
Description: On March 12, 2014, around 7:30 PM, Plaintiffs Jermain James, Allen Johnson, Ashley Johnson, Carolyn Johnson, Michael Lawton, Quamiek Robinson, Shaquasia Sandaers, and William Smith were falsely arrested and illegally searched by Defendant Officers Nacelewicz, and Officers Jane and John Does on charges related to a controlled substance. On March 12, 2014, Plaintiffs were at Carolyn Johnson's apartment in Brooklyn when Defendant Officers, including Nacelewicz, entered the apartment and arrested Plaintiffs using excessive force, then detaining plaintiffs for about 30 minutes before being escorted into the hallway. Plaintiffs Jermain James, Allen Johnson, Michael Lawton, Quamiek Robinson, and William Smith were str...

Fletcher, Ramon vs City of New York, et al.
Case # 13CV05880, U.S. District Court - Eastern District NY, October 29, 2013, ended June 24, 2014
$32,500 Settlement
Complaint
Description: Two cops illegally entered Plaintiff’s recording studio and punched Plaintiff two or three times in the face. Unspecified defendant cops arrived and illegally searched the studio, drove Plaintiff around for two hours, and falsely charged him with Resisting Arrest, OGA, and DisCon.

Other Documents

Brooklyn DA Disclosure Letter references additional CCRB complaints #201306313, #201400405 and additional lawsuits 16CV127, 13CV1890, 12CV2803, 11CV5763, 11CV4399, 11CV3241, 11CV1702, 10CV4206, 09CV4820