Alan Avella

Badge #21757, White Male
Former Police Officer at Military and Extended Leave Desk
Also served at 44th Precinct
Service started July 2004, ended March 2018, Tax #934431

Substantiated Allegations:
Abuse of Authority: Retaliatory arrest
Abuse of Authority: Stop
Abuse of Authority: Vehicle search
Abuse of Authority: Vehicle stop
Discourtesy: Word

Lawsuit settlements:
$17,500   Schlett, David vs City of New York, et al., 2018 BCSC BCSC 022258/2018E
$52,500   Mercado, Nathan, et Al., vs City of New York, et al., 2015 BCSC BCSC 304375/2015
$7,500   Bruce, George vs City of New York, et al., 2015 SDNY SDNY 15CV06675
$35,000   Foster, Kevin vs City of New York, et al., 2015 BCSC BCSC 024155/2015E
$75,000   Igle, Tyrone vs City of New York, et al., 2015 BCSC BCSC 302834/2015
View Details

Complaints

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1 Complaint Withdrawn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

Complaint #201609960, November 2016
Allegation: Abuse of Authority: Vehicle search
Complainant: White Male, 56
CCRB Conclusion: Substantiated (Charges)
Allegation: Discourtesy: Word
Complainant: White Male, 56
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Stop
Complainant: White Male, 56
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Retaliatory arrest
Complainant: White Male, 56
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Closed: Previously adjudicated, with discipline
APU Case Status: Closed: Previously adjudicated, with discipline, March 2018
Penalty: Terminated
Documents: Complaint Closing Report
additional details

Complaint #201602335, March 2016
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 68
CCRB Conclusion: Unsubstantiated
Allegation: Force: Gun Pointed
Complainant: Black Male, 68
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 68
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 68
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 68
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201510086, November 2015
Allegation: Abuse of Authority: Vehicle stop
Complainant: White Female, 37
CCRB Conclusion: Substantiated (Formalized Training)
Allegation: Abuse of Authority: Vehicle stop
Complainant: White Female, 37
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Strip-searched
Complainant: Hispanic Male, 41
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: White Female, 37
CCRB Conclusion: Unsubstantiated
Allegation: Offensive Language: Other
Complainant: White Female, 37
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: Hispanic Male, 41
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: Hispanic Male, 41
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: Male
CCRB Conclusion: Alleged Victim Unavailable
Allegation: Abuse of Authority: Search (of person)
Complainant: Hispanic Male, 41
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Search (of person)
Complainant: Hispanic Male, 41
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Search (of person)
Complainant: White Female, 37
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: White Female, 37
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Vehicle search
Complainant: White Female, 37
CCRB Conclusion: Unsubstantiated
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
Documents: Complaint Closing Report
additional details

Complaint #201503144, April 2015
Allegation: Force: Physical force
Complainant: Male, 41
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #201501022, February 2015
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 34
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201310824, November 2013
Allegation: Abuse of Authority: Search (of person)
Complainant: Hispanic Male, 39
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Vehicle search
Complainant: Hispanic Male, 39
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Vehicle stop
Complainant: Hispanic Male, 39
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201310709, November 2013
Allegation: Abuse of Authority: Vehicle stop
Complainant: Hispanic Male, 23
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Hispanic Male, 23
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201112453, September 2011
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 53
CCRB Conclusion: Complaint Withdrawn
additional details

Complaint #201105938, April 2011
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 49
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 49
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 49
CCRB Conclusion: Exonerated
additional details

Complaint #201105527, April 2011
Allegation: Force: Physical force
Complainant: Black Male, 28
CCRB Conclusion: Exonerated
Allegation: Force: Vehicle
Complainant: Black Male, 28
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201016413, November 2010
Allegation: Discourtesy: Word
Complainant: Black Male, 30
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 30
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200912975, August 2009
Allegation: Force: Physical force
Complainant: Male, 24
CCRB Conclusion: Exonerated
additional details

Complaint #200717384, November 2007
Allegation: Force: Hit against inanimate object
Complainant: Hispanic Male, 16
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Hispanic Male, 16
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200608339, June 2006
Allegation: Abuse of Authority: Refusal to obtain medical treatment
Complainant: Black Male, 17
CCRB Conclusion: Unfounded
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: Black Male, 17
CCRB Conclusion: Unfounded
Allegation: Force: Physical force
Complainant: Black Male, 17
CCRB Conclusion: Unfounded
additional details

Complaint #200605628, May 2006
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Other
Complainant: Black Female, 43
CCRB Conclusion: Exonerated
additional details

Complaint #201609960, November 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search White Male, 56 Substantiated (Charges)
Discourtesy: Word White Male, 56 Substantiated (Charges)
Abuse of Authority: Stop White Male, 56 Substantiated (Charges)
Abuse of Authority: Retaliatory arrest White Male, 56 Substantiated (Charges)
NYPD Conclusion: APU Closed: Previously adjudicated, with discipline
APU Case Status: Closed: Previously adjudicated, with discipline, March 2018
Penalty: Terminated
Documents: Complaint Closing Report
additional details
Complaint #201602335, March 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Black Male, 68 Unsubstantiated
Force: Gun Pointed Black Male, 68 Unfounded
Abuse of Authority: Search (of person) Black Male, 68 Unsubstantiated
Abuse of Authority: Threat of arrest Black Male, 68 Unsubstantiated
Abuse of Authority: Vehicle stop Black Male, 68 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201510086, November 2015
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop White Female, 37 Substantiated (Formalized Training)
Abuse of Authority: Vehicle stop White Female, 37 Unsubstantiated
Abuse of Authority: Strip-searched Hispanic Male, 41 Unsubstantiated
Discourtesy: Word White Female, 37 Unsubstantiated
Offensive Language: Other White Female, 37 Unsubstantiated
Abuse of Authority: Frisk Hispanic Male, 41 Unsubstantiated
Abuse of Authority: Frisk Hispanic Male, 41 Unsubstantiated
Abuse of Authority: Frisk Male Alleged Victim Unavailable
Abuse of Authority: Search (of person) Hispanic Male, 41 Unsubstantiated
Abuse of Authority: Search (of person) Hispanic Male, 41 Unsubstantiated
Abuse of Authority: Search (of person) White Female, 37 Exonerated
Discourtesy: Word White Female, 37 Unsubstantiated
Abuse of Authority: Vehicle search White Female, 37 Unsubstantiated
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
Documents: Complaint Closing Report
additional details
Complaint #201503144, April 2015
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 41 Complainant Unavailable
additional details
Complaint #201501022, February 2015
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Male, 34 Complainant Uncooperative
additional details
Complaint #201310824, November 2013
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Hispanic Male, 39 Unsubstantiated
Abuse of Authority: Vehicle search Hispanic Male, 39 Unsubstantiated
Abuse of Authority: Vehicle stop Hispanic Male, 39 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201310709, November 2013
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop Hispanic Male, 23 Unsubstantiated
Force: Physical force Hispanic Male, 23 Unsubstantiated
additional details
Complaint #201112453, September 2011
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Male, 53 Complaint Withdrawn
additional details
Complaint #201105938, April 2011
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 49 Exonerated
Abuse of Authority: Frisk Black Male, 49 Unsubstantiated
Abuse of Authority: Threat of arrest Black Male, 49 Exonerated
additional details
Complaint #201105527, April 2011
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 28 Exonerated
Force: Vehicle Black Male, 28 Unsubstantiated
additional details
Complaint #201016413, November 2010
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 30 Complainant Uncooperative
Abuse of Authority: Vehicle stop Black Male, 30 Complainant Uncooperative
additional details
Complaint #200912975, August 2009
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 24 Exonerated
additional details
Complaint #200717384, November 2007
Allegation Complainant CCRB Conclusion
Force: Hit against inanimate object Hispanic Male, 16 Unsubstantiated
Force: Physical force Hispanic Male, 16 Unsubstantiated
additional details
Complaint #200608339, June 2006
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to obtain medical treatment Black Male, 17 Unfounded
Force: Nightstick as club (incl asp & baton) Black Male, 17 Unfounded
Force: Physical force Black Male, 17 Unfounded
additional details
Complaint #200605628, May 2006
Allegation Complainant CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Exonerated
Abuse of Authority: Other Black Female, 43 Exonerated
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 7 known lawsuits, $187,500 total settlements.

Bah, Thierno vs City of New York, et al.
Case # 026964/2020, Supreme Court - Bronx, July 7, 2020

Schlett, David vs City of New York, et al.
Case # 022258/2018E, Supreme Court - Bronx, February 28, 2018, ended August 22, 2018
$17,500 Settlement
Complaint
Description: On 11/26/2016, PO Avella searched plaintiff's car under the premises that many breakins had occurred in the neighborhood, and he could search anything in plain sight. Plaintiff Schlett allegedly possessed an illegal knife. PO Avella took Schlett to jail. Schlett alleges that after being released, $120 was missing from his wallet, and he had to spend multiple days defending himself against frivolous charges.

Mercado, Nathan vs City of New York, et al.
Case # 026243/2017E, Supreme Court - Bronx, July 27, 2017

Mercado, Nathan, et Al., vs City of New York, et al.
Case # 304375/2015, Supreme Court - Bronx, December 31, 2015, ended August 1, 2017
$52,500 Settlement

Bruce, George vs City of New York, et al.
Case # 15CV06675, U.S. District Court - Southern District NY, December 14, 2015, ended May 17, 2018
$7,500 Settlement
Complaint
Description: Defendant Officers approached Plaintiff and his friend while they were walking down the street carrying a garbage bag. Officer Avela and Cato continuously used physical force against Plaintiff, searched him, handcuffed him, and called an EMT labeling Plaintiff as an Emotionally Disturbed Person. Plaintiff was taken to the hospital, examined by a psychiatrist who found nothing wrong with him, and then released without charges.

Foster, Kevin vs City of New York, et al.
Case # 024155/2015E, Supreme Court - Bronx, August 4, 2015, ended September 14, 2016
$35,000 Settlement

Igle, Tyrone vs City of New York, et al.
Case # 302834/2015, Supreme Court - Bronx, July 17, 2015, ended August 13, 2019
$75,000 Settlement

Other Documents