John Pembelton

Badge #3747, Black Male
Former Detective Grade 2 at Detective Borough Brooklyn North Operations
Service started August 1993, ended December 2019, Tax #904771

Lawsuit settlements:
$40,000   Capellan, Dahiana vs Smyth, Michael, et al., 2015 SDNY SDNY 15CV09815
$15,001   Gonzalez, Shirley vs City of New York, et al., 2015 SDNY SDNY 15CV07971
$37,500   Garcia, Israel vs City of New York, et al., 2015 BCSC BCSC 302187/2015
View Details

Complaints

4 Complaints
7 Allegations
0 Substantiated
2 Exonerated
5 Unsubstantiated

Complaint #200802043, February 2008
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Property damaged
Complainant: Black Male, 38
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200711342, August 2007
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
additional details

Complaint #9904429, September 1999
Allegation: Abuse of Authority: Gun pointed/gun drawn
Complainant: Black Male, 15
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 15
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Black Female, 40
CCRB Conclusion: Unsubstantiated
additional details

Complaint #9901914, April 1999
Allegation: Discourtesy: Word
Complainant: Black Male, 51
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200802043, February 2008
Allegation Complainant CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Exonerated
Abuse of Authority: Property damaged Black Male, 38 Unsubstantiated
additional details
Complaint #200711342, August 2007
Allegation CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Exonerated
additional details
Complaint #9904429, September 1999
Allegation Complainant CCRB Conclusion
Abuse of Authority: Gun pointed/gun drawn Black Male, 15 Unsubstantiated
Force: Physical force Black Male, 15 Unsubstantiated
Discourtesy: Word Black Female, 40 Unsubstantiated
additional details
Complaint #9901914, April 1999
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 51 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.
'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, $92,501 total settlements.

Rochester, Charles vs City of New York, et al.
Case # 251498/2016, Supreme Court - Bronx, November 2, 2016

Capellan, Dahiana vs Smyth, Michael, et al.
Case # 15CV09815, U.S. District Court - Southern District NY, December 16, 2015, ended December 27, 2017
$40,000 Settlement
Complaint
Description: On September 4, 2015, plaintiff was inside of the room she was renting when she heard a loud noise. Police officers entered the apartment, had their weapons drawn, and approached plaintiff's room. They pointed loaded firearms at plaintiff, cursed at her, and order her to the ground. Then they grabbed and twisted her arms and handcuffed her excessively tightly, causing pain and bruises to her wrists. No contraband was found on plaintiff. Officers searched her room. Plaintiff was allowed to enter her room and get dressed but officers refused to give her privacy. They then drove plaintiff to a precinct intentionally in an aggressive manner, causing injuries to her head, neck, body, and limbs. The Grand Jury dismis...

Gonzalez, Shirley vs City of New York, et al.
Case # 15CV07971, U.S. District Court - Southern District NY, October 21, 2015, ended September 2, 2016
$15,001 Settlement
Complaint
Description: Defendant Officers approached plaintiff and her friend, started harassing her friend, and then Plaintiff. Plaintiff was unlawfully searched, taken to the 40th precinct, strip searched, and charged with PL §220.39(1) (Criminal Sale of a Controlled Substance in the Third Degree and PL §220.03 (Criminal Possession of a Controlled Substance in the Seventh Degree). Plaintiff was held at Rikers until the DA eventually dismissed the case.

Garcia, Israel vs City of New York, et al.
Case # 302187/2015, Supreme Court - Bronx, May 28, 2015, ended June 14, 2016
$37,500 Settlement