James V. Malpeso

Badge #2939, Hispanic Male
Detective Grade 1 at Narcotics Borough Staten Island
Service started July 2003, made $200,000 last year, active

Substantiated Allegations:
Abuse of Authority: Entry of Premises
Abuse of Authority: Search of Premises

Lawsuit settlements:
$75,000   Wilson, James vs City of New York, et al., 2013 EDNY EDNY 13CV05743
$200,000   Cummings v. The City of New York et al, 2013 SDNY SDNY 13CV00640
$36,000   Gibson et al v. The City of New York et al, 2012 EDNY EDNY 12CV04114
$22,500   Garcia v. City of New York et al, 2012 EDNY EDNY 12CV01707
$38,500   Ross et al v. City Of New York et al, 2011 EDNY EDNY 11CV01958
$38,000   Gbor v. The City of New York et al, 2011 EDNY EDNY 11CV02824
$285,000   Patterson et al v. City of New York et al, 2010 EDNY EDNY 10CV00231
$45,000   Bunche v. The City of New York et al, 2010 SDNY SDNY 10CV05731
$40,000   Davis et al v. City Of New York et al, 2010 EDNY EDNY 10CV01260
$35,000   Humphreys et al v. City of New York et al, 2010 EDNY EDNY 10CV03011
$15,000   Santori v. City of New York et al, 2007 EDNY EDNY 07CV04873
View Details

Complaints

24 Allegations
2 Substantiated
10 Complaints
1 Substantiated (Command Discipline A)
1 Substantiated (Command Discipline B)
1 Alleged Victim Unavailable
6 Complainant Uncooperative
7 Complaint Withdrawn
2 Unfounded
6 Unsubstantiated

October 2021 Complaint
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Conclusion: APU - Decision Pending
additional details

February 2021 Complaint
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse of Authority: Question
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Complaint Withdrawn
Allegation: Offensive Language: Race
CCRB Conclusion: Complaint Withdrawn
additional details

February 2021 Complaint
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Complainant Uncooperative
Allegation: Force: Physical force
CCRB Conclusion: Complainant Uncooperative
additional details

May 2019 Complaint
Allegation: Abuse of Authority: Search (of person)
Complainant: White Male, 27
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Vehicle stop
Complainant: Male
CCRB Conclusion: Alleged Victim Unavailable
Allegation: Abuse of Authority: Vehicle stop
Complainant: White Male, 27
CCRB Conclusion: Complainant Uncooperative
additional details

July 2013 Complaint
Allegation: Abuse of Authority: Question
Complainant: White Female, 35
CCRB Conclusion: Unsubstantiated
additional details

February 2012 Complaint
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 19
CCRB Conclusion: Unsubstantiated
additional details

November 2009 Complaint
Allegation: Discourtesy: Word
Complainant: Female, 21
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to obtain medical treatment
Complainant: Female, 21
CCRB Conclusion: Unsubstantiated
additional details

February 2009 Complaint
Allegation: Abuse of Authority: Search (of person)
Complainant: White Male, 43
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Vehicle search
Complainant: White Male, 43
CCRB Conclusion: Unsubstantiated
additional details

December 2008 Complaint
Allegation: Discourtesy: Word
Complainant: Black Female, 28
CCRB Conclusion: Unfounded
Documents: Complaint Closing Report
additional details

November 2007 Complaint
Allegation: Abuse of Authority: Strip-searched
Complainant: White Male, 32
CCRB Conclusion: Unfounded
additional details

October 2021 Complaint
Allegation CCRB Conclusion
Abuse of Authority: Entry of Premises Substantiated (Command Discipline B)
Abuse of Authority: Search of Premises Substantiated (Command Discipline A)
NYPD Conclusion: APU - Decision Pending
additional details
February 2021 Complaint
Allegation CCRB Conclusion
Abuse of Authority: Failure to provide RTKA card Complaint Withdrawn
Abuse of Authority: Failure to provide RTKA card Complaint Withdrawn
Abuse of Authority: Question Complaint Withdrawn
Abuse of Authority: Stop Complaint Withdrawn
Abuse of Authority: Stop Complaint Withdrawn
Abuse of Authority: Vehicle search Complaint Withdrawn
Offensive Language: Race Complaint Withdrawn
additional details
February 2021 Complaint
Allegation CCRB Conclusion
Abuse of Authority: Search (of person) Complainant Uncooperative
Abuse of Authority: Vehicle search Complainant Uncooperative
Abuse of Authority: Vehicle stop Complainant Uncooperative
Force: Physical force Complainant Uncooperative
additional details
May 2019 Complaint
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) White Male, 27 Complainant Uncooperative
Abuse of Authority: Vehicle stop Male Alleged Victim Unavailable
Abuse of Authority: Vehicle stop White Male, 27 Complainant Uncooperative
additional details
July 2013 Complaint
Allegation Complainant CCRB Conclusion
Abuse of Authority: Question White Female, 35 Unsubstantiated
additional details
February 2012 Complaint
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop Black Male, 19 Unsubstantiated
additional details
November 2009 Complaint
Allegation Complainant CCRB Conclusion
Discourtesy: Word Female, 21 Unsubstantiated
Abuse of Authority: Refusal to obtain medical treatment Female, 21 Unsubstantiated
additional details
February 2009 Complaint
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) White Male, 43 Unsubstantiated
Abuse of Authority: Vehicle search White Male, 43 Unsubstantiated
additional details
December 2008 Complaint
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Female, 28 Unfounded
Documents: Complaint Closing Report
additional details
November 2007 Complaint
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched White Male, 32 Unfounded
additional details

Conclusion Meanings:

'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, $830,000 total settlements.

Moreno, Elvis vs City of New York, et al.
Case # 22CV04111, U.S. District Court - Eastern District NY, July 26, 2022

Baez v. The City of New York et al
Case # 16CV04468, U.S. District Court - Eastern District NY, 2016
Pending
Complaint
Description: Defendant Officers stopped Plaintiff's car and arrested him on trumped up charges of 195.05, 220.03, VTL 511.2A and VTL 511.1A. The case was later dismissed.

Valentino, Tammy, et al. vs City of New York, et al.
Case # 14CV02490, U.S. District Court - Eastern District NY, April 22, 2014, ended July 17, 2014
Zero Disposition

Wilson, James vs City of New York, et al.
Case # 13CV05743, U.S. District Court - Eastern District NY, November 1, 2013, ended February 5, 2015
$75,000 Settlement
Complaint

Cummings v. The City of New York et al
Case # 13CV00640, U.S. District Court - Southern District NY, 2013
$200,000 Settlement
Second Amended Complaint, Stipulation

Gibson et al v. The City of New York et al
Case # 12CV04114, U.S. District Court - Eastern District NY, 2012
$36,000 Settlement
Gibson Complaint 12 cv 4114.pdf

Garcia v. City of New York et al
Case # 12CV01707, U.S. District Court - Eastern District NY, 2012
$22,500 Settlement
Rivera Garcia.pdf

Ross et al v. City Of New York et al
Case # 11CV01958, U.S. District Court - Eastern District NY, 2011
$38,500 Settlement
Amended Complaint

Gbor v. The City of New York et al
Case # 11CV02824, U.S. District Court - Eastern District NY, 2011
$38,000 Settlement
Second Amended Complaint, Stipulation

Patterson et al v. City of New York et al
Case # 10CV00231, U.S. District Court - Eastern District NY, 2010
$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.

Bunche v. The City of New York et al
Case # 10CV05731, U.S. District Court - Southern District NY, 2010
$45,000 Settlement
Amended Complaint

Davis et al v. City Of New York et al
Case # 10CV01260, U.S. District Court - Eastern District NY, 2010
$40,000 Settlement
Amended Complaint

Humphreys et al v. City of New York et al
Case # 10CV03011, U.S. District Court - Eastern District NY, 2010
$35,000 Settlement
Amended Complaint, Stipulation

Santori v. City of New York et al
Case # 07CV04873, U.S. District Court - Eastern District NY, 2007
$15,000 Settlement
Complaint, Stipulation