Gabriel Diaz

Badge #588, Hispanic Male
Former Sergeant at 44th Precinct
Also served at Housing Special Operations Section, Patrol Borough Bronx Impact Response Team, Patrol Borough Bronx
Service started March 2000, ended December 2017, Tax #925411

Substantiated Allegations:
Abuse of Authority: Stop
Abuse of Authority: Strip-searched


Lawsuit settlements:
$5,000   Paez, Danny vs City of New York, et al., 2015 SDNY SDNY 15CV01808
$150,000   Lynch v. The City of New York, SDNY SDNY 12CV04439
View Details

Complaints

15 Complaints
33 Allegations
2 Substantiated
2 Substantiated (Charges)
10 Complainant Uncooperative
11 Exonerated
3 Unfounded
7 Unsubstantiated

Complaint #201307942, August 2013
Allegation: Abuse of Authority: Frisk
Complainant: Hispanic Male, 23
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Male, 23
CCRB Conclusion: Exonerated
additional details

Complaint #201300782, February 2013
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 26
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 26
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 26
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Male, 26
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201014588, October 2010
Allegation: Abuse of Authority: Refusal to obtain medical treatment
Complainant: Black Male, 30
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201011594, August 2010
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Male, 22
CCRB Conclusion: Substantiated (Charges)
Penalty: Instructions
additional details

Complaint #200916742, October 2009
Allegation: Force: Nonlethal restraining device
Complainant: Hispanic Male, 26
CCRB Conclusion: Exonerated
additional details

Complaint #200612602, September 2006
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 14
CCRB Conclusion: Substantiated (Charges)
Penalty: Instructions
additional details

Complaint #200611714, August 2006
Allegation: Force: Physical force
Complainant: Black Male, 37
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 37
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 37
CCRB Conclusion: Exonerated
additional details

Complaint #200610520, August 2006
Allegation: Discourtesy: Word
Complainant: Black Male, 32
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Question and/or stop
Complainant: Black Male, 32
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200506489, June 2005
Allegation: Abuse of Authority: Question and/or stop
Complainant: Black Male, 18
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Black Male, 18
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200505644, May 2005
Allegation: Discourtesy: Word
Complainant: Black Male, 25
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 25
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200406979, June 2004
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 28
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 26
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 26
CCRB Conclusion: Exonerated
Documents: Complaint Closing Report
additional details

Complaint #200404172, May 2004
Allegation: Abuse of Authority: Question and/or stop
Complainant: Black Male, 60
CCRB Conclusion: Complainant Uncooperative
Allegation: Discourtesy: Word
Complainant: Black Male, 60
CCRB Conclusion: Complainant Uncooperative
Allegation: Force: Physical force
Complainant: Black Male, 60
CCRB Conclusion: Complainant Uncooperative
Allegation: Force: Radio as club
Complainant: Black Male, 60
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200308500, October 2003
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 23
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 23
CCRB Conclusion: Unsubstantiated
Allegation: Force: Hit against inanimate object
Complainant: Black Male, 23
CCRB Conclusion: Exonerated
additional details

Complaint #200303811, May 2003
Allegation: Force: Hit against inanimate object
Complainant: Black Female, 36
CCRB Conclusion: Unfounded
additional details

Complaint #200105133, July 2001
Allegation: Force: Physical force
Complainant: Black Male, 55
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 55
CCRB Conclusion: Unfounded
Allegation: Discourtesy: Word
Complainant: Black Male, 55
CCRB Conclusion: Unfounded
additional details

Complaint #201307942, August 2013
Allegation Complainant CCRB Conclusion
Abuse of Authority: Frisk Hispanic Male, 23 Exonerated
Abuse of Authority: Stop Hispanic Male, 23 Exonerated
additional details
Complaint #201300782, February 2013
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 26 Complainant Uncooperative
Abuse of Authority: Search (of person) Black Male, 26 Complainant Uncooperative
Abuse of Authority: Frisk Black Male, 26 Complainant Uncooperative
Abuse of Authority: Strip-searched Black Male, 26 Complainant Uncooperative
additional details
Complaint #201014588, October 2010
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to obtain medical treatment Black Male, 30 Unsubstantiated
additional details
Complaint #201011594, August 2010
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Black Male, 22 Substantiated (Charges)
Penalty: Instructions
additional details
Complaint #200916742, October 2009
Allegation Complainant CCRB Conclusion
Force: Nonlethal restraining device Hispanic Male, 26 Exonerated
additional details
Complaint #200612602, September 2006
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 14 Substantiated (Charges)
Penalty: Instructions
additional details
Complaint #200611714, August 2006
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 37 Exonerated
Abuse of Authority: Search (of person) Black Male, 37 Exonerated
Abuse of Authority: Frisk Black Male, 37 Exonerated
additional details
Complaint #200610520, August 2006
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 32 Complainant Uncooperative
Abuse of Authority: Question and/or stop Black Male, 32 Complainant Uncooperative
additional details
Complaint #200506489, June 2005
Allegation Complainant CCRB Conclusion
Abuse of Authority: Question and/or stop Black Male, 18 Exonerated
Force: Physical force Black Male, 18 Unsubstantiated
additional details
Complaint #200505644, May 2005
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 25 Unsubstantiated
Abuse of Authority: Frisk Black Male, 25 Unsubstantiated
additional details
Complaint #200406979, June 2004
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of force (verbal or physical) Black Male, 28 Exonerated
Abuse of Authority: Frisk Black Male, 26 Unsubstantiated
Abuse of Authority: Vehicle stop Black Male, 26 Exonerated
Documents: Complaint Closing Report
additional details
Complaint #200404172, May 2004
Allegation Complainant CCRB Conclusion
Abuse of Authority: Question and/or stop Black Male, 60 Complainant Uncooperative
Discourtesy: Word Black Male, 60 Complainant Uncooperative
Force: Physical force Black Male, 60 Complainant Uncooperative
Force: Radio as club Black Male, 60 Complainant Uncooperative
additional details
Complaint #200308500, October 2003
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of force (verbal or physical) Black Male, 23 Unsubstantiated
Force: Physical force Black Male, 23 Unsubstantiated
Force: Hit against inanimate object Black Male, 23 Exonerated
additional details
Complaint #200303811, May 2003
Allegation Complainant CCRB Conclusion
Force: Hit against inanimate object Black Female, 36 Unfounded
additional details
Complaint #200105133, July 2001
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 55 Exonerated
Abuse of Authority: Threat of force (verbal or physical) Black Male, 55 Unfounded
Discourtesy: Word Black Male, 55 Unfounded
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.


Discipline

Case: 2011-3482
Opened: 1/18/2011
Closed: 1/24/2012
Case Details:
  1. Dismissed: Wrongfully revealed confidential information regarding a Member of Service to another Member of Service without authorization
Penalty: Schedule ìb" Command Discipline, two (2) vacation days


Lawsuits

Named in 2 known lawsuits, $155,000 total settlements.

Paez, Danny vs City of New York, et al.
Case # 15CV01808, U.S. District Court - Southern District NY, March 11, 2015, ended February 23, 2018
$5,000 Settlement
Complaint, Amended Complaint
Description: Plaintiff observed NYPD officers pull over an individual's car, drag him out, assault him, and drag him to their police car. Officers left the car running in the middle of the road so Plaintiff went to see if he could find any identifying information to contact the individual's family when he was surrounded by Defendant Officers, arrested, taken to the 44th precinct and charged with robbery, larceny, and possession of a stolen vehicle, which were later dismissed.

Lynch v. The City of New York
Case # 12CV04439, U.S. District Court - Southern District NY
$150,000 Settlement
Order of Discontinuance, Morales, Carlos.pdf
Description: Defendant Officers stopped Plaintiff and a group of his friends while they were talking on the street. Plaintiff began running when he saw an officer aggressively get out of the police car and was chased and tackled by that officer. Plaintiff was assaulted by the officers and taken to the 44th precinct. At the precinct, one officer rubbed a tissue on Plaintiff's hands and then on a gun. Plaintiff was released after being fingerprinted with no charges.