Martin S. Gimenez

Badge #4421, Hispanic Male, 46
Sergeant at Brooklyn Court Section since April 2022, active
Also served at Police Service Area 3, 73rd Precinct, 67th Precinct, Patrol Borough Brooklyn South
Service started January 2004, made $180,000 last year, Tax #933804

Substantiated Allegations:
Abuse of Authority: Refusal to provide name/shield number
Abuse of Authority: Stop (2)
Abuse of Authority: Threat of arrest
Abuse of Authority: Threat of force (verbal or physical)
Discourtesy: Word (2)

Discipline Cases:

Case: 2014-12219
Closed: 8/29/2014
Document
Case: 2010-403
Closed: 4/21/2010

View Details

Lawsuit settlements:
$23,500   Rivera, Tysheem, et al. vs City of New York, et al., 2021 KCSC KCSC 514648/2021
$15,000   Jaworsky, Vivan vs City of New York, et al., 2021 SDNY SDNY 21CV03773
$3,000   Thomas, Diamani vs City of New York, et al., 2019 EDNY EDNY 19CV06090
$17,500   John, Amil vs City of New York, et al., 2015 EDNY EDNY 15CV05950
$11,000   Griffith v. The City of New York, EDNY EDNY 12CV02425
$18,500   Fable v. The City of New York, EDNY EDNY 12CV05781
View Details

Complaints

14 Complaints
45 Allegations
7 Substantiated
7 Substantiated (Charges)
3 Alleged Victim Uncooperative
7 Complainant Unavailable
4 Complainant Uncooperative
1 Complaint Withdrawn
4 Exonerated
5 Unfounded
14 Unsubstantiated

Complaint #201305748, September 2013
Allegation: Discourtesy: Word
Complainant: Black Male, 42
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 42
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201202853, March 2012
Allegation: Abuse of Authority: Search (of person)
Complainant: Hispanic Male, 17
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Vehicle search
Complainant: Hispanic Male, 17
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Vehicle stop
Complainant: Hispanic Male, 17
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 17
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 17
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Black Male, 17
CCRB Conclusion: Unsubstantiated
Allegation: Force: Gun Pointed
Complainant: Black Male, 17
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201114998, November 2011
Allegation: Force: Gun Pointed
Complainant: Black Male, 24
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: Black Male, 24
CCRB Conclusion: Exonerated
Allegation: Force: Gun as club
Complainant: Black Male, 24
CCRB Conclusion: Unfounded
additional details

Complaint #201114758, November 2011
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Male, 26
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 26
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Closed: SOL Expired in APU
APU Case Status: Closed: SOL Expired in APU, May 2013
Penalty: No penalty
additional details

Complaint #201109619, July 2011
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 31
CCRB Conclusion: Substantiated (Charges)
Allegation: Discourtesy: Word
Complainant: Black Male, 31
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 31
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 31
CCRB Conclusion: Substantiated (Charges)
Allegation: Discourtesy: Word
Complainant: Black Male, 31
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: No Disciplinary Action-SOL
Penalty: No penalty
additional details

Complaint #201105224, April 2011
Allegation: Force: Nonlethal restraining device
Complainant: Black Male, 24
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 24
CCRB Conclusion: Unfounded
additional details

Complaint #201013469, September 2010
Allegation: Force: Physical force
Complainant: Black Male, 22
CCRB Conclusion: Unsubstantiated
Allegation: Force: Chokehold
Complainant: Black Male, 22
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200707144, May 2007
Allegation: Force: Physical force
Complainant: Black Male, 19
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Abuse of Authority: Question and/or stop
Complainant: Black Male, 19
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 19
CCRB Conclusion: Alleged Victim Uncooperative
additional details

Complaint #200701372, January 2007
Allegation: Force: Physical force
Complainant: Black Female, 26
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Refusal to obtain medical treatment
Complainant: Black Female, 26
CCRB Conclusion: Complainant Uncooperative
Allegation: Offensive Language: Race
Complainant: Black Female, 26
CCRB Conclusion: Complainant Uncooperative
Allegation: Discourtesy: Word
Complainant: Black Female, 26
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200608877, June 2006
Allegation: Abuse of Authority: Refusal to process civilian complaint
Complainant: Black Male, 24
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200507799, July 2005
Allegation: Force: Physical force
Complainant: Black Male, 20
CCRB Conclusion: Complainant Unavailable
Allegation: Abuse of Authority: Question and/or stop
Complainant: Black Male, 20
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #200507384, June 2005
Allegation: Abuse of Authority: Threat of summons
Complainant: Black Male, 38
CCRB Conclusion: Complaint Withdrawn
additional details

Complaint #200504015, April 2005
Allegation: Force: Physical force
Complainant: Black Male, 36
CCRB Conclusion: Unfounded
Allegation: Discourtesy: Word
Complainant: Black Male, 36
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Seizure of property
Complainant: Black Male, 36
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Question and/or stop
Complainant: Black Male, 36
CCRB Conclusion: Exonerated
Allegation: Offensive Language: Race
Complainant: Black Male, 36
CCRB Conclusion: Unfounded
additional details

Complaint #200503173, March 2005
Allegation: Offensive Language: Race
Complainant: Male, 29
CCRB Conclusion: Complainant Unavailable
Allegation: Discourtesy: Word
Complainant: Male, 29
CCRB Conclusion: Complainant Unavailable
Allegation: Force: Gun Pointed
Complainant: Male, 29
CCRB Conclusion: Complainant Unavailable
Allegation: Abuse of Authority: Threat of arrest
Complainant: Male, 29
CCRB Conclusion: Complainant Unavailable
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Male, 29
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #201305748, September 2013
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 42 Unsubstantiated
Force: Physical force Black Male, 42 Unsubstantiated
additional details
Complaint #201202853, March 2012
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Hispanic Male, 17 Unsubstantiated
Abuse of Authority: Vehicle search Hispanic Male, 17 Unsubstantiated
Abuse of Authority: Vehicle stop Hispanic Male, 17 Exonerated
Abuse of Authority: Frisk Black Male, 17 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Black Male, 17 Unsubstantiated
Discourtesy: Word Black Male, 17 Unsubstantiated
Force: Gun Pointed Black Male, 17 Unsubstantiated
additional details
Complaint #201114998, November 2011
Allegation Complainant CCRB Conclusion
Force: Gun Pointed Black Male, 24 Unsubstantiated
Abuse of Authority: Premises entered and/or searched Exonerated
Force: Nightstick as club (incl asp & baton) Black Male, 24 Exonerated
Force: Gun as club Black Male, 24 Unfounded
additional details
Complaint #201114758, November 2011
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name/shield number Black Male, 26 Substantiated (Charges)
Abuse of Authority: Stop Black Male, 26 Substantiated (Charges)
NYPD Conclusion: APU Closed: SOL Expired in APU
APU Case Status: Closed: SOL Expired in APU, May 2013
Penalty: No penalty
additional details
Complaint #201109619, July 2011
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 31 Substantiated (Charges)
Discourtesy: Word Black Male, 31 Substantiated (Charges)
Abuse of Authority: Threat of force (verbal or physical) Black Male, 31 Substantiated (Charges)
Abuse of Authority: Threat of arrest Black Male, 31 Substantiated (Charges)
Discourtesy: Word Black Male, 31 Substantiated (Charges)
NYPD Conclusion: No Disciplinary Action-SOL
Penalty: No penalty
additional details
Complaint #201105224, April 2011
Allegation Complainant CCRB Conclusion
Force: Nonlethal restraining device Black Male, 24 Unsubstantiated
Force: Physical force Black Male, 24 Unfounded
additional details
Complaint #201013469, September 2010
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 22 Unsubstantiated
Force: Chokehold Black Male, 22 Unsubstantiated
additional details
Complaint #200707144, May 2007
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 19 Alleged Victim Uncooperative
Abuse of Authority: Question and/or stop Black Male, 19 Alleged Victim Uncooperative
Abuse of Authority: Threat of force (verbal or physical) Black Male, 19 Alleged Victim Uncooperative
additional details
Complaint #200701372, January 2007
Allegation Complainant CCRB Conclusion
Force: Physical force Black Female, 26 Complainant Uncooperative
Abuse of Authority: Refusal to obtain medical treatment Black Female, 26 Complainant Uncooperative
Offensive Language: Race Black Female, 26 Complainant Uncooperative
Discourtesy: Word Black Female, 26 Complainant Uncooperative
additional details
Complaint #200608877, June 2006
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to process civilian complaint Black Male, 24 Unsubstantiated
additional details
Complaint #200507799, July 2005
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 20 Complainant Unavailable
Abuse of Authority: Question and/or stop Black Male, 20 Complainant Unavailable
additional details
Complaint #200507384, June 2005
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of summons Black Male, 38 Complaint Withdrawn
additional details
Complaint #200504015, April 2005
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 36 Unfounded
Discourtesy: Word Black Male, 36 Unsubstantiated
Abuse of Authority: Seizure of property Black Male, 36 Unfounded
Abuse of Authority: Question and/or stop Black Male, 36 Exonerated
Offensive Language: Race Black Male, 36 Unfounded
additional details
Complaint #200503173, March 2005
Allegation Complainant CCRB Conclusion
Offensive Language: Race Male, 29 Complainant Unavailable
Discourtesy: Word Male, 29 Complainant Unavailable
Force: Gun Pointed Male, 29 Complainant Unavailable
Abuse of Authority: Threat of arrest Male, 29 Complainant Unavailable
Abuse of Authority: Threat of force (verbal or physical) Male, 29 Complainant Unavailable
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: 2014-12219
Document
Opened: 10/20/2014
Closed: 8/29/2014
Case Details:
  1. Guilty: Officer did enter an establishment where that liquor license had expired but where liquor continued to be served.
  2. Guilty: Officer did illegally utilize one (1) New York state license plate for officer's other vehicles.
  3. Guilty: While off-duty, wrongfully and without just cause engaged in off-duty employment
  4. Guilty: While off-duty, did enter an establishment where the liquor license had expired but where liquor continued to be served.
  5. Guilty: While off-duty, did illegally utilize one (1) New York state license plate.
Penalty: Dismissal probation (12 months), vacation days (35 days)

Case: 2010-403
Opened: 10/20/2014
Closed: 4/21/2010
Case Details:
  1. Guilty: Wrongfully and without just cause absent from said residence without the permission of said Police Officer's district surgeon and or health services division sick desk Supervisor.
Penalty: Vacation days (20 days)


Lawsuits

Named in 6 known lawsuits, $88,500 total settlements.

Rivera, Tysheem, et al. vs City of New York, et al.
Case # 514648/2021, Supreme Court - Kings, August 5, 2021, ended September 8, 2022
$23,500 Settlement

Jaworsky, Vivan vs City of New York, et al.
Case # 21CV03773, U.S. District Court - Southern District NY, April 1, 2021, ended December 16, 2021
$15,000 Settlement
Complaint
Description: On June 4th, 2020, plaintiff was lawfully protesting when officers pulled into the crowd in a van and started grabbing people. Plaintiff was hit with a baton, shoved to the ground, arrested, and placed in tight zip tie handcuffs. Plaintiff waited while cuffed for two hours before being taken to the precinct, where she was unlawfully searched and detained. After seven hours, she was released with a Desk Appearance Ticket for Violation of a Mayoral Order. The D.A. declined to prosecute, and the charges were dismissed.

Thomas, Diamani vs City of New York, et al.
Case # 19CV06090, U.S. District Court - Eastern District NY, November 14, 2019, ended January 15, 2021
$3,000 Settlement
Complaint
Description: [No date provided] Plaintiff was riding a bike when several NYPD officers, including Diego Moreno and Martin Gimenez, emerged from an unmarked vehicle, asked plaintiff to get off his bike, and searched his belongings. The officers did not identify themselves or specify the reason for plaintiff's arrest. Plaintiff later discovered that the officers had profiled him because he was a person of color that matched the description of a person of interest in a homicide.

John, Amil vs City of New York, et al.
Case # 15CV05950, U.S. District Court - Eastern District NY, December 3, 2015, ended January 17, 2017
$17,500 Settlement
Complaint, Original Complaint, Amended Complaint
Description: Plaintiff was driving and came across a police car parked in the middle of the street. Plaintiff tried to get an officer's attention to be redirected when officers approached the car and Sgt. Jiminez threw a ticket at him. Plaintiff called 311 to complain when officer Jiminez assaulted him, arrested him, and took him to the 67th precinct where he was held overnight.

Griffith v. The City of New York
Case # 12CV02425, U.S. District Court - Eastern District NY
$11,000 Settlement
Long, Devon 2012.pdf
Description: Officers walked up between Plaintiff and shoved him and started frisking him, yelling racial and homophobic profanity. False possession of marijuana charges filed, which resulted in ACD

Fable v. The City of New York
Case # 12CV05781, U.S. District Court - Eastern District NY
$18,500 Settlement
Complaint, Stipulation
Description: Plaintiff witnessed Defendant Officers assaulting another man and so he began running down his basement steps when an officer followed him, put a gun to his head, and searched him 3 times. When that officer found nothing, he released Plaintiff, who entered his basement, and then Officer Madho and others entered and assaulted him, arrested him, and took him to the 67th Precinct. Unspecified charges were levied against Plaintiff.

Other Documents

Brooklyn DA Disclosure Letter references additional lawsuit 23491/2012