Joseph Franco

Joseph Franco

Joseph Franco
Badge #7972, Hispanic Male
Former Detective Grade 2 at Military and Extended Leave Desk
Service started March 2000, ended June 2020, Tax #925313

Substantiated Allegations:
Abuse of Authority: Frisk (2)
Abuse of Authority: Search (of person)
Abuse of Authority: Vehicle search

Lawsuit settlements:
$175,000   Alston, David vs City of New York, et al., 2022 EDNY EDNY 22CV05395
$115,000   Joyner, Jermaine vs City of New York, et al., 2022 EDNY EDNY 22CV03946
$50,000   Medina, Sterling Vs. City of New York, et al., 2022 BCSC BCSC 803514/2022
$175,000   Edwards, Alfred vs City of New York, et al., 2022 KCSC KCSC 501996/2022
$25,000   Santaliz, Luis vs City of New York, et al., 2021 BCSC BCSC 817141/2021E
$500,000   Pinheiro, Tristan vs City of New York, et al., 2021 KCSC KCSC 530106/2021
$350,000   Pinnock, Dalton vs City of New York, et al., 2021 KCSC KCSC 530116/2021
$75,000   Soto, Jesus vs City of New York, et al., 2021 SDNY SDNY 21CV05485
$195,000   Bethea, Andre vs City of New York, et al., 2021 NYCSC NYCSC 155306/2021
$25,000   Baker, Tameeka vs City of New York, et al., 2020 SDNY SDNY 20CV00589
$92,000   Figueroa, Erick vs City of New York, et al., 2019 NYCSC NYCSC 159168/2019E
$13,100   Romain, Michael vs City of New York, et al., 2019 SDNY SDNY 19CV01516
$90,000   Brooks, Lamont vs City of New York, et al., 2018 NYCSC NYCSC 160720/2018
View Details

Complaints

3 Complaints
12 Allegations
4 Substantiated
3 Substantiated (Command Discipline A)
1 Substantiated (Formalized Training)
1 Exonerated
7 Unsubstantiated

Complaint #201700544, January 2017
Allegation: Force: Gun Pointed
Complainant: Black Male, 31
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 31
CCRB Conclusion: Substantiated (Formalized Training)
Allegation: Discourtesy: Word
Complainant: Black Male, 31
CCRB Conclusion: Unsubstantiated
Penalty: Formalized Training
Documents: Complaint Closing Report
additional details

Complaint #201602949, April 2016
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Unsubstantiated
Allegation: Force: Gun as club
Complainant: Black Male, 30
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 30
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 30
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201606384, March 2016
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 22
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 22
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Conclusion: Command Discipline - A
Allegation: Force: Gun Pointed
Complainant: Black Male, 22
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 22
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Conclusion: No Disciplinary Action-DUP
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 22
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Conclusion: Command Discipline - A
Penalty: Command Discipline - A
Documents: Complaint Closing Report
additional details

Complaint #201700544, January 2017
Allegation Complainant CCRB Conclusion
Force: Gun Pointed Black Male, 31 Exonerated
Abuse of Authority: Frisk Black Male, 31 Substantiated (Formalized Training)
Discourtesy: Word Black Male, 31 Unsubstantiated
Penalty: Formalized Training
Documents: Complaint Closing Report
additional details
Complaint #201602949, April 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Gun Drawn Unsubstantiated
Force: Gun as club Black Male, 30 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Black Male, 30 Unsubstantiated
Force: Physical force Black Male, 30 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201606384, March 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop Black Male, 22 Unsubstantiated
Abuse of Authority: Vehicle search Black Male, 22 Substantiated (Command Discipline A)
NYPD Conclusion: Command Discipline - A
Force: Gun Pointed Black Male, 22 Unsubstantiated
Abuse of Authority: Frisk Black Male, 22 Substantiated (Command Discipline A)
NYPD Conclusion: No Disciplinary Action-DUP
Abuse of Authority: Search (of person) Black Male, 22 Substantiated (Command Discipline A)
NYPD Conclusion: Command Discipline - A
Penalty: Command Discipline - A
Documents: Complaint Closing Report
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.
'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 16 known lawsuits, $1,880,100 total settlements.

Munoz, Luis vs Nypd Police Detective Franco, Joseph, et al.
Case # 815595/2022E, Supreme Court - Bronx, November 17, 2022

Alston, David vs City of New York, et al.
Case # 22CV05395, U.S. District Court - Eastern District NY, October 4, 2022, ended June 23, 2023
$175,000 Settlement
Complaint
Description: On May 15, 2005, David Alston was arrested by undercover officer John Volpe based on false claims by undercover officer Joseph Franco. Officer Franco claimed that Alston participated in an exchange of drugs for money with him on the street in Brooklyn. The alleged exchange was purportedly observed by undercover officer John Volpe and another unidentified undercover officer. Officer Volpe arrested Alston, and Alston was prosecuted and indicted based on the false claims. Alston subsequently accepted a plea deal. In 2019, Officer Franco was indicted on twenty-six criminal counts, including perjury and official misconduct after the Manhattan District Attorney's office initiated criminal charges against Franc...

Crespo, Edwin, et al. vs Franco, Joseph, et al.
Case # 22CV07345, U.S. District Court - Southern District NY, August 26, 2022
Complaint
Description: Between 2006 and 2015, each of the Plaintiffs, Edwin Crespo, Donte Smiley, Tony Serrano, Anthony Washington, Jose Santiago, and Sidney Wray were arrested in Bronx, New York by the Defendant Detective Joseph Franco while working for the NYPD. Defendant Detective Franco falsely charged each Plaintiff with crimes they did not commit , and otherwise conspired to frame them. Each of the criminal charges against each of the Plaintiffs was based upon false evidence that the Defendant Detective Franco fabricated, and the Defendant Detective Franco suppressed evidence of their misconduct from the prosecutor and the defense. Due to the Defendant Detective Franco's misconduct, each of the Plaintiffs faced years in pris...

Furet, Dwight vs City of New York, et al.
Case # 156987/2022, Supreme Court - New York, August 17, 2022

Joyner, Jermaine vs City of New York, et al.
Case # 22CV03946, U.S. District Court - Eastern District NY, July 12, 2022, ended November 14, 2023
$115,000 Settlement
Complaint
Description: Plaintiff Jermaine Joyner was accused by Defendant Detective Joseph Franco and Defendant Detective Christopher Muller to have been personally observed exchanging drugs with Detective Joseph Franco, for money, while he working as an undercover agent, on January 8, 2008, in front of 12 St. Mark’s Place, Brooklyn, New York. A New York County grand jury indicted former detective Franco in 2019 on twenty-six criminal counts, including perjury and official misconduct based on the discovery of video footage which confirmed that defendant Franco had testified falsely to witnessing drug transactions, which had led to several false arrests and prosecutions. Subsequently, in May of 2020, defendant Franco was fired from th...

Medina, Sterling Vs. City of New York, et al.
Case # 803514/2022, Supreme Court - Bronx, March 10, 2022, ended May 20, 2022
$50,000 Settlement
Complaint
Description: On August 15, 2013, Plaintiff was working at his cellphone store which he owned, when P.O.s including Officer Joseph Franco, entered the store. P.O.s asked Plaintiff for “flacko” to which Plaintiff did not respond. As Plaintiff walked outside and lit a cigarette, he was grabbed by multiple officers who placed him into handcuffs. P.O.s searched Plaintiff and took approximately $12,000 from him. P.O.s also searched the store and took another $8,000 in business proceeds from the store. P.O.s never returned the money to Plaintiff. Plaintiff was grabbed roughly and thrown into a vehicle without being told why he was being arrested. Plaintiff was take to the precinct and remained there for approximately twelve hours ...

Edwards, Alfred vs City of New York, et al.
Case # 501996/2022, Supreme Court - Kings, February 8, 2022, ended April 27, 2022
$175,000 Settlement
Complaint
Description: On April 9, 2011, defendant POs stopped, questioned, searched, and arrested Plaintiff when Plaintiff was cutting a client's hair at the barber shop located at 1307 Mermaid Avenue in Brooklyn. The defendants took the $116.00 in cash the Plaintiff had earned that day from his pocket, and restraining him with metal handcuffs during their pat-down search. The Plaintiff was placed in the back of an NYPD vehicle and transported to the 60th Precinct, and later was transported to County Central Bookings. On April 10, 2011, the plaintiff was arraigned in criminal court. The plaintiff knew he did not sell drugs, but still accepted a plea deal at his lawyer's persistent urging and was thereafter convicted and sentenced to...

Santaliz, Luis vs City of New York, et al.
Case # 817141/2021E, Supreme Court - Bronx, December 21, 2021, ended March 31, 2022
$25,000 Settlement
Complaint
Description: On August 25, 2015, Detective Franco and other defendant POs approached the plaintiff when he was inside the bodega at 423 East 138st Street. Detective Franco and other defendant POs took the plaintiff off the streets and grabbed him by the arm. Outside the bodega, defendants then searched and handcuffed the plaintiff and then transported the plaintiff to the 40th Police Precinct, where the plaintiff was searched and photographed. Around $600 cash was taken from plaintiff's person. Plaintiff was interrogated without Miranda warnings or an attorney present by Detective Franco. Plaintiff was transported to Central Bookings and the went before a judge. The defendants provide false information for the prosecution t...

Pinheiro, Tristan vs City of New York, et al.
Case # 530106/2021, Supreme Court - Kings, November 30, 2021, ended June 30, 2022
$500,000 Settlement
Complaint
Description: On March 13, 2005, the plaintiff was outside his apartment building located at 125 Lenox Road, speaking to a friend. The plaintiff and his friend started to cross the street and were almost struck by an unmarked vehicle. Two defendant POs were rolled down the windows of the vehicle and told the plaintiff that he and his friend matched a description for a crime an that they need to search them. Plaintiff and his friend were then subject to pat-down search and arrested the plaintiff restraining him with metal handcuffs. Defendant POs then placed plaintiff in an NYPD van and transported to the 67th Precinct. The plaintiff was subject to strip search in the cell and was taken into an interrogation room for around 4...

Pinnock, Dalton vs City of New York, et al.
Case # 530116/2021, Supreme Court - Kings, November 30, 2021, ended April 11, 2022
$350,000 Settlement
Complaint
Description: On February 3, 2006, Plaintiff was walking toward the subway near 1702 Union Avenue in Brooklyn, when a plain clothed Police Officer unlawfully stopped, questioned, frisked, searched, and then handcuffed and arrested Plaintiff. When Plaintiff asked why he was being arrested, the Defendant Officer responded “You’ll find out when you get to the precinct.” Plaintiff was held in the NYPD police van for four hours and was denied being allowed to use a restroom, as Officers tightened his handcuffs. Plaintiff was convicted of Criminal Possession and Sale of a Controlled Substance after Detective Joseph Franco lied under oath and misrepresented the facts of his case. Plaintiff was then unlawfully imprisoned at the 71st...

Soto, Jesus vs City of New York, et al.
Case # 21CV05485, U.S. District Court - Southern District NY, July 1, 2021, ended November 2, 2022
$75,000 Settlement
Complaint
Description: On July 9, 2017, plaintiff was arrested by Det. Joseph Franco, Det. Sean Haggerty, and Det. Sean Brown, as well as one undercover officer. The officers false reported that plaintiff participated in a drug sale and that they witnessed plaintiff drop narcotics on the ground. Plaintiff was arraigned the next day on the charges and held in jail until his court date. Plaintiff eventually took a plea agreement. Det. Joseph Franco committed perjury on multiple occasions, which led ADA Cyrus Vance to move to vacate the convictions that Franco was involved in, including Soto's.

Bethea, Andre vs City of New York, et al.
Case # 155306/2021, Supreme Court - New York, June 16, 2021, ended April 19, 2022
$195,000 Settlement
Complaint
Description: On June 4, 2018, Plaintiff was walking toward Bleeker St. in Manhattan when two Defendant Officers jumped out an an unmarked van and ordered Plaintiff to halt. Defendant Officers grabbed Plaintiff’s groin area in an effort to look for any illegal contraband and placed Plaintiff into custody. Plaintiff was charged with criminal possession of a controlled substance and criminal sale of a controlled substance by Officer Crevatas based on statements by Detective Franco that he observed Plaintiff hand another individual crack/cocaine in exchange for money. Plaintiff remained incarcerated for a total of 45 days before all criminal charges were dismissed on August 30, 2018. The charges against Plaintiff were dismissed...

Baker, Tameeka vs City of New York, et al.
Case # 20CV00589, U.S. District Court - Southern District NY, February 4, 2020, ended January 26, 2021
$25,000 Settlement
Complaint
Description: On June 15, 2017, Plaintiff was falsely arrested for the sale of a controlled substance by Officer Joseph Franco. After searching her based on the false arrest, the officer found controlled substances on her person. Detective Franco gave false testimony that he personally witnessed Plaintiff give drugs to a target. Video surveillance later proved his testimony to be false, and Plaintiff's conviction was vacated after she spent over 1 year and 5 months in custody.

Figueroa, Erick vs City of New York, et al.
Case # 159168/2019E, Supreme Court - New York, September 30, 2019, ended January 6, 2020
$92,000 Settlement

Romain, Michael vs City of New York, et al.
Case # 19CV01516, U.S. District Court - Southern District NY, March 19, 2019, ended October 25, 2019
$13,100 Settlement
Complaint
Description: On June 26, 2018, plaintiff was engaged in conversation while standing on the street when he was unlawfully searched by undercover NYPD officers. He was targeted because of his race. Even though no contraband was found, plaintiff was arrested. Handcuffs were placed on him too tightly. The officers falsely claimed that plaintiff had illegally sold marijuana in order to justify the arrest. Criminal prosecution was initiated but all charges were dismissed on September 5, 2018.

Brooks, Lamont vs City of New York, et al.
Case # 160720/2018, Supreme Court - New York, November 20, 2018, ended December 14, 2021
$90,000 Settlement

Other Documents