Malvi J. Moncion

Badge #12778, Hispanic Male, 40
Police Officer at 43rd Precinct since February 2024, active
Also served at Police Service Area 7
Service started July 2008, made $142,000 last year, Tax #947265

Substantiated Allegations:
Force: Nightstick as club (incl asp & baton)
Discourtesy: Word

Discipline Cases:

Case: 2018-18932
Closed: 4/3/2019

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Lawsuit settlements:
$7,500   Hobbs, Celestial vs City of New York, et al., 2014 SDNY SDNY 14CV04999
$17,500   Santiago, Jonathan vs City of New York, et al., 2014 BCSC BCSC 301703/2014
$17,500   Thompson, Jahola vs City of New York, et al., 2014 BCSC BCSC 306756/2013
$7,500   Harvey, Terrance vs City of New York, et al., 2013 SDNY SDNY 13CV07334
$105,000   Greene, Jaquaan, et al. vs City of New York, et al., 2013 BCSC BCSC 022672/2013
$50,000   Hill, Kevin vs City of New York, et al., 2013 SDNY SDNY 13CV01145
$155,006   Felix et al v. City of New York et al, SDNY SDNY 13CV02941
View Details

Complaints

4 Complaints
9 Allegations
2 Substantiated
1 Substantiated (Formalized Training)
1 Substantiated (Charges)
3 Exonerated
2 Unfounded
2 Unsubstantiated

Complaint #202104163, February 2021
Allegation: Force: Physical force
Complainant: Male, 21-24
CCRB Conclusion: Unfounded
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: Male, 21-24
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Command Discipline B
APU Plea Penalty: Forfeit vacation 10 days
APU Case Status: Closed: Resolved by plea, January 2024
Penalty: Forfeit vacation 10 days / Command Discipline B
Documents: Complaint Closing Report
additional details

Complaint #201904326, May 2019
Allegation: Force: Physical force
Complainant: Male, 58
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Entry of Premises
Complainant: Hispanic Female, 60
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Hispanic Female, 60
CCRB Conclusion: Unfounded
additional details

Complaint #201507127, August 2015
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 32
CCRB Conclusion: Substantiated (Formalized Training)
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Male, 32
CCRB Conclusion: Exonerated
Penalty: Instructions
additional details

Complaint #201007861, June 2010
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 27
CCRB Conclusion: Unsubstantiated
additional details

Complaint #202104163, February 2021
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 21-24 Unfounded
Force: Nightstick as club (incl asp & baton) Male, 21-24 Substantiated (Charges)
NYPD Conclusion: APU Command Discipline B
APU Plea Penalty: Forfeit vacation 10 days
APU Case Status: Closed: Resolved by plea, January 2024
Penalty: Forfeit vacation 10 days / Command Discipline B
Documents: Complaint Closing Report
additional details
Complaint #201904326, May 2019
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 58 Exonerated
Abuse of Authority: Entry of Premises Hispanic Female, 60 Exonerated
Discourtesy: Word Hispanic Female, 60 Unfounded
additional details
Complaint #201507127, August 2015
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Male, 32 Substantiated (Formalized Training)
Discourtesy: Word Unsubstantiated
Abuse of Authority: Stop Hispanic Male, 32 Exonerated
Penalty: Instructions
additional details
Complaint #201007861, June 2010
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 27 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.


Discipline

Case: 2018-18932
Closed: 4/3/2019
Case Details:
  1. Guilty: While off-duty, did fail to maintain a current New York state driver's license and notify Commanding Officer, with pertinent details, when license is suspended, revoked or not renewed.
  2. Guilty: While off-duty, failed to provide accurate and current personal information to the Department.
  3. Guilty: While off-duty, failed to notify the New York state Department of motor vehicle of his address change within ten (10) days of moving.
  4. Guilty: While on-duty, made misleading statements during his official Department interview regarding payments of his vehicle insurance.
  5. Guilty: While on-duty, made misleading statements during his official Department interview regarding steps he took to provide the Department with updated personal information, namely his change of address.
  6. Guilty: While off-duty, operated his personal vehicle while his driver's license was suspended.
  7. Guilty: While on-duty, operated a Department vehicle while his driver's license was suspended.
Penalty: Dismissal probation (12 months), suspended w/o pay (15 days), vacation days (20 days)


Lawsuits

Named in 7 known lawsuits, $360,006 total settlements.

Hobbs, Celestial vs City of New York, et al.
Case # 14CV04999, U.S. District Court - Southern District NY, July 9, 2014, ended April 1, 2015
$7,500 Settlement
Complaint
Description: On June 4, 2013, Plaintiff was inside a NYCPH hallwai with a friend when several police officers, including Defendants Officers Malvi Moncion and Purshotam Persaud, stopped them. When asked where they were going, Plaintiff truthfully explained that her friend’s aunt lived in the building. The Defendant officers then illegally and without cause searched Plaintiff, arrested her for trespassing, and transported her to the 42nd Precinct. After spending 24 hours in jail, Plaintiff was arraigned and had the charges adjourned.

Santiago, Jonathan vs City of New York, et al.
Case # 301703/2014, Supreme Court - Bronx, June 25, 2014, ended January 13, 2015
$17,500 Settlement

Thompson, Jahola vs City of New York, et al.
Case # 306756/2013, Supreme Court - Bronx, January 31, 2014, ended July 22, 2014
$17,500 Settlement

Harvey, Terrance vs City of New York, et al.
Case # 13CV07334, U.S. District Court - Southern District NY, October 17, 2013, ended June 26, 2014
$7,500 Settlement
Complaint
Description: On June 4, 2013, Plaintiff and his friend, Celestial Hobbs, were lawfully within 818 Home Street, Bronx. Several police officers stopped Plaintiff and Ms. Hobbs and asked them where they were going. Plaintiff explained that he lives on the eighth floor of the building with his aunt. Defendants illegally searched Plaintiff and Ms. Hobbs. Defendants then arrested Plaintiff and Ms. Hobbs for trespassing without probable cause. Defendants transported Plaintiffs to the 42nd Precinct. Defendant officers misrepresented to the Bronx District Attorney’s Office that Plaintiff was trespassing. Plaintiff was then transported to Central Booking. Approximately twenty-four hours later, Plaintiff was arraigned in Bronx Crimina...

Greene, Jaquaan, et al. vs City of New York, et al.
Case # 022672/2013, Supreme Court - Bronx, July 26, 2013, ended March 25, 2014
$105,000 Settlement

Hill, Kevin vs City of New York, et al.
Case # 13CV01145, U.S. District Court - Southern District NY, March 4, 2013, ended September 4, 2013
$50,000 Settlement
Complaint
Description: On March 4, 2011 Plaintiff Kevin Hill was at an apartment building on 428 E 157th St to visit his friend. Two officers, including Defendant Ezequiel Martinez, stopped Plaintiff as he exited the building to ask why he had been in the apartment building. Without any attempt to verify his explanation, the officers arrested Plaintiff and took him to the 40th Precinct, where he was strip searched and held for almost 48 hours in custody until he was released without charges. Defendant officers also asked a white man what he was doing in the building, when he said he lived there the officers let him go without verifying. On March 8, 2011 Plaintiff Kevin Hill was at 320 East 156th St to visit another friend, when he w...

Felix et al v. City of New York et al
Case # 13CV02941, U.S. District Court - Southern District NY
$155,006 Settlement
Amended Complaint, Judgment