Conclusion Meanings:
'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.
Further details on conclusions.
Leibovitz, et al. vs City of New York, et al.
Case # 14CV07106,
U.S. District Court - Eastern District NY, December 12, 2014, ended March 2, 2018
Settlement
Complaint,
Third Amended Complaint
Description: On November 19, 2014, Plaintiff witnessed NYPD officers searching a car in Queens, New York. Plaintiff began recording the search on his cell phone. NYPD officers Anderson, Del Villar, and Ryan told Plaintiff to move further from the scene, making it harder for Plaintiff to record. After a verbal back and forth, Plaintiff was told to leave the scene by the officers. Plaintiff chose to continue recording. Plaintiff was arrested, handcuffed, and his phone was confiscated. The officers justified their charges against Plaintiff with sworn testimony Plaintiff alleges was false. A grand jury chose not to indict Plaintiff on some of the charges against him; on others, Plaintiff declined an ACD offered by the Court.