Ruben Duque

Badge #1068, Hispanic Male
Former Sergeant Special Assignment at Patrol Borough Staten Island
Service started December 1997, ended December 2019, Tax #919931

Substantiated Allegations:
Discourtesy: Word


Lawsuit settlements:
$7,500   Cosme, Edwin vs City of New York, et al., 2018 EDNY EDNY 17CV05535
$7,500   Flores, Enrique vs City of New York, et al., 2018 EDNY EDNY 17CV05539
View Details

Complaints

6 Complaints
20 Allegations
1 Substantiated
1 Substantiated (Command Discipline A)
1 Alleged Victim Uncooperative
5 Exonerated
4 Unfounded
9 Unsubstantiated

Complaint #201604654, May 2016
Allegation: Discourtesy: Word
Complainant: Male, 43
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201605639, March 2016
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 45
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Force: Physical force
Complainant: Hispanic Male, 45
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 45
CCRB Conclusion: Unsubstantiated
Penalty: Instructions
additional details

Complaint #200717155, November 2007
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 23
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Male, 25
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Male, 23
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 23
CCRB Conclusion: Exonerated
additional details

Complaint #200712971, September 2007
Allegation: Discourtesy: Word
Complainant: Hispanic Female, 33
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Force: Physical force
Complainant: Hispanic Female, 33
CCRB Conclusion: Exonerated
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: Hispanic Male, 21
CCRB Conclusion: Unfounded
Allegation: Force: Physical force
Complainant: Black Male
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Black Male, 21
CCRB Conclusion: Unsubstantiated
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: Black Male, 21
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 21
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Black Male, 21
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
additional details

Complaint #200801898, October 2006
Allegation: Force: Pepper spray
Complainant: Black Male, 24
CCRB Conclusion: Exonerated
additional details

Complaint #200412247, December 2004
Allegation: Discourtesy: Word
Complainant: Hispanic Female, 21
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Strip-searched
Complainant: Hispanic Male, 19
CCRB Conclusion: Unfounded
additional details

Complaint #201604654, May 2016
Allegation Complainant CCRB Conclusion
Discourtesy: Word Male, 43 Unsubstantiated
additional details
Complaint #201605639, March 2016
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Male, 45 Substantiated (Command Discipline A)
Force: Physical force Hispanic Male, 45 Unsubstantiated
Discourtesy: Word Hispanic Male, 45 Unsubstantiated
Penalty: Instructions
additional details
Complaint #200717155, November 2007
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of force (verbal or physical) Black Male, 23 Unsubstantiated
Abuse of Authority: Refusal to provide name/shield number Black Male, 25 Unsubstantiated
Abuse of Authority: Strip-searched Black Male, 23 Unsubstantiated
Abuse of Authority: Vehicle search Black Male, 23 Exonerated
additional details
Complaint #200712971, September 2007
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Female, 33 Alleged Victim Uncooperative
Force: Physical force Hispanic Female, 33 Exonerated
Force: Nightstick as club (incl asp & baton) Hispanic Male, 21 Unfounded
Force: Physical force Black Male Exonerated
Force: Physical force Black Male, 21 Unsubstantiated
Force: Nightstick as club (incl asp & baton) Black Male, 21 Unfounded
Abuse of Authority: Threat of force (verbal or physical) Black Male, 21 Unsubstantiated
Discourtesy: Word Black Male, 21 Unsubstantiated
Abuse of Authority: Premises entered and/or searched Exonerated
additional details
Complaint #200801898, October 2006
Allegation Complainant CCRB Conclusion
Force: Pepper spray Black Male, 24 Exonerated
additional details
Complaint #200412247, December 2004
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Female, 21 Unfounded
Abuse of Authority: Strip-searched Hispanic Male, 19 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: 2013-10483
Opened: 12/23/2013
Closed: 12/22/2014
Case Details:
  1. Guilty: On approximately sixty (60) occasions, was absent from his assignment without permission or police necessity and failed to submit leave of absence reports for lost time as required
  2. Guilty: On approximately seventy-one (71) occasions drove his assigned Department vehicle to Staten Island and parked it overnight at or near his residence without authorization
  3. Guilty: On approximately sixty-six (66) occasions, improperly had himself designated as present for duty or end of tour in the command log when he was not in fact present at the command at the time indicated
  4. Guilty: On approximately ninety-three (93) occasions, submitted overtime slips containing erroneous or misleading information
  5. Guilty: On approximately sixty-six (66) occasions made erroneous or misleading entries to his activity log and on one-hundred-forty (140) occasions failed to make entries to his activity log
Penalty: Dismissal from the New York City Police Department; however, judgment is suspended and respondent will be placed on dismissal probation for a period of one (1) year. Forfeiture of all time/leave balances for 55.12 hours, restitution of $6145.57 and forfeiture of thirty (30) vacation days.


Lawsuits

Named in 3 known lawsuits, $15,000 total settlements.

Cosme, Edwin vs City of New York, et al.
Case # 17CV05535, U.S. District Court - Eastern District NY, January 17, 2018, ended January 24, 2019
$7,500 Settlement
Complaint
Description: On March 25, 2016, Plaintiff Edwin Cosme was on the Boardwalk at Coney Island with a group of musicians and 40-50 spectators. Mr. Cosme was holding a non-alcoholic beverage in his hand. Defendants Inspector Taylor and Sergeant Duque, along with 10 unidentified officers, approached the group and began smacking cups out of people's hands. Defendant Inspector Taylor then accused Mr. Cosme of drinking alcohol in public, which Mr. Cosme denied; still, he handed his ID to Defendant Inspector Taylor as requested. At that point, one of the musicians asked the officers why they were harassing them, at which point Defendant Sergeant Duque slammed the musician to the ground and handcuffed him. When Mr. Cosme attempted to...

Flores, Enrique vs City of New York, et al.
Case # 17CV05539, U.S. District Court - Eastern District NY, January 17, 2018, ended January 24, 2019
$7,500 Settlement
Complaint
Description: Defendant Officer approached Plaintiff and accused him of drinking alcohol and then multiple officers pulled Plaintiff out of his wheelchair and pinned him to the ground. Plaintiff was then taking to the 60th Precinct and given a summons for Disorderly Conduct. His charge was ACD. This was the third incident between the Plaintiff and the Defendant Officers.

Cosme, Edwin vs City of New York, et al.
Case # 17CV05335, U.S. District Court - Eastern District NY, January 17, 2018
Complaint