Baudilio A. Garciarivas

Badge #10251, Hispanic Male
Police Officer at 40th Precinct since January 2011, active
Service started January 2009, made $121,000 last year, Tax #947916

Lawsuit settlements:
$18,000   Barnhart, Tygee, et al. vs City of New York, et al., 2015 SDNY SDNY 15CV05985
$45,000   Almestica, Eduardo vs City of New York, et al., 2014 SDNY SDNY 14CV05901
$45,000   Smith, James vs City of New York, et al., 2013 BCSC BCSC 024136/2013E
View Details

Complaints

1 Complaint
1 Allegation
0 Substantiated
1 Unsubstantiated

Complaint #201509073, September 2015
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 43
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201509073, September 2015
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Black Male, 43 Unsubstantiated
additional details

Conclusion Meanings:

'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 4 known lawsuits, $108,000 total settlements.

Neal, Christopher vs Wilson, Romaine, et al.
Case # 15CV02822, U.S. District Court - Southern District NY, December 11, 2015, ended October 13, 2018
Order/Judgment (Verdict)
Complaint
Description: On August 20, 2012, plaintiff was walking to a corner store when, without stating that he was an officer, Detective Marrero asked plaintiff if his name was “Cuba” and brandished his weapon. Marrero proceeded to handcuff plaintiff. Plaintiff was told he was being arrested and taken to the 40th Precinct. Plaintiff was charged with several crimes, which were alll dismissed. On November 23, 2012, plaintiff was tending to a wound at his place of residence when Defendant P.O.s Rodriguez, Maldonado, Wilson, Green, Garciarivas, Lt. Camhi, and Sgt. Bones entered Plaintiff's apartment without permission. One of P.O. Rodriguez/Moldano told plaintiff to come with them. When plaintiff said no, Rodriguez and Modlano, with t...

Barnhart, Tygee, et al. vs City of New York, et al.
Case # 15CV05985, U.S. District Court - Southern District NY, August 7, 2015, ended July 16, 2018
$18,000 Settlement
Complaint
Description: Plaintiffs were in a residence when Defendant Officers entered the location. The defendants then searched the premises and proceeded to handcuff and arrest 17 individuals, including the plaintiffs. Plaintiffs were transported to the 40th Precinct where all three were strip searched. After 8 hours they were released from the precinct. Plaintiffs were charged with marijuana possession, but all charges were eventually dismissed.

Almestica, Eduardo vs City of New York, et al.
Case # 14CV05901, U.S. District Court - Southern District NY, August 1, 2014, ended December 3, 2015
$45,000 Settlement
Complaint, Amended Complaint, Docket Report, Memo Endorsement, Stipulation
Description: On November 29, 2011, while plaintiff was detained at the 40th precinct in the Bronx, four defendant officers grabbed him out of his cell, placed his arm in an arm lock behind his back, and pushed him to the ground, causing shoulder pain and two lacerations to his head. While on the ground, one of the officers continued hitting plaintiff. He had to be taken by ambulance to Lincoln Medical Center, where he received pain medication, three facial sutures, and three staples placed in his scalp.

Smith, James vs City of New York, et al.
Case # 024136/2013E, Supreme Court - Bronx, November 13, 2013, ended July 31, 2015
$45,000 Settlement