Named in 8 known lawsuits, $207,500 total settlements.
Mercardo, Richard vs City of New York, et al.
Case # 703987/2026,
Supreme Court - Queens, February 19, 2026
Conner, Michael vs City of New York, et al.
Case # 17CV03743,
U.S. District Court - Southern District NY, August 31, 2017, ended October 2, 2018
$500 Settlement
Complaint
Description: Plaintiff was arrested and charged for criminal possession of a weapon in the third degree by one defendant, officer Cuervo on August 16, 2015. The plaintiff was later acquitted on this charge. On February 28, 2016, the plaintiff was arrested for grand larceny in the fourth degree by one defendant, officer Soto. There were contradictions in Soto's statement in the felony complaint and his testimony to the grand jury. The plaintiff was convinced on this charge.
Preister, David vs City of New York, et al.
Case # 155396/2017,
Supreme Court - New York, June 19, 2017, ended October 15, 2020
Zero Disposition
Complaint
Description: On or about December 26, 2015 POs Micahel Morrin and Joseph Cuervo unlawfully and excessively touched, grabbed, handcuffed, and seized Plaintiff without legal justification. Plaintiff was taken to a precinct and thereafter held, including at Rikers and the Tombs, until he was released on February 8, 2016. POs Morrin and Cuervo caused a malicious prosecution to be commenced against Plaintiff. Plaintiff suffered humiliation, mental anguish, indignity, and frustration as a result of this incident.
Watson, Michael vs City of New York, et al.
Case # 15CV08045,
U.S. District Court - Southern District NY, October 21, 2015, ended February 6, 2017
$150,000 Settlement
Amended Complaint,
Complaint
Description: Plaintiff arrested for a misdemeanor of marijuana possession. At precinct made to strip search. Was called homophobic names. Then was thrown on the floor, handcuffed, and punched and kicked then taken to the holding cell until EMS arrived to take him to the hospital.
Orr, Latoya vs City of New York, et al.
Case # 14CV10010,
U.S. District Court - Southern District NY, December 31, 2014, ended May 5, 2015
$2,500 Settlement
Amended Complaint,
Complaint
Description: On November 20, 2013, LaToya Orr was wrongfully arrested by officers without cause, charged with petit larceny and criminal trespass in the third degree, despite not having committed any offense. The arrest occurred after an incident at a bar, where after a misunderstanding regarding their orders, Orr and her friends were asked to leave. Immediately upon exiting, they were forcibly detained by the officers, subjected to an illegal search, and taken to the NYPD-6th Precinct. Orr experienced physical and verbal abuse, was inappropriately searched, and sustained injuries due to excessive force. The charges against her were eventually dismissed on March 6, 2014, but the ordeal resulted in significant personal and p...
Santavenere, Philip vs City of New York, et al.
Case # 14CV03103,
U.S. District Court - Southern District NY, May 9, 2014, ended November 20, 2014
$30,000 Settlement
Complaint
Description: On May 9, 2013, Plaintiff was eating a sandwich when police officers approached. The officers slammed Plaintiff to the ground, kicked him and maced him. After being placed under arrest, he was handcuffed and taken to a precinct. There he was charged with resisting arrest and disorderly conduct based on false information from the arresting officers. All charges were dismissed on September 11, 2013 after multiple court appearances.
Sara, James vs City of New York, et al.
Case # 151137/2014,
Supreme Court - New York, March 18, 2014, ended August 18, 2015
$17,500 Settlement
Complaint
Description: On November 10, 2012 at approximately 2:05 a.m. Plaintiff was walking with friends when he was approached by a man they had never met before, Thomas Scott. Mr. Scott asked the ground if they "needed" anything and proffered a small baggie. Plaintiff became uneasy, told Mr. Scott he was not interested, and walked away with his friends, at no point touching Mr. Scott or any of the offered items. Immediately after Plaintiff was approached by a person in plain clothes later identified to be PO Carmen Benavides, who did not identify herself but ordered Plaintiff to freeze and produced a pair of handcuffs. POs Michael Alfano and Joseph Cuervo joined PO Benavides in arresting and handcuffing Plaintiff. Plaintiff was il...
Scott, Thomas vs City of New York, et al.
Case # 151101/2014,
Supreme Court - New York, February 11, 2014, ended December 21, 2015
$7,000 Settlement
Complaint
Description: On November 10, 2012, Plaintiff was forcibly arrested and detained without probable cause by NYPD Officers Joseph Cuervo, Carmen Benavides, Michael Alfano, and other unidentified officers from the 6th Precinct. The officers seized, detained, and arrested Scott despite the absence of a warrant or any legal justification. Scott was then charged with offenses, despite there being no probable cause to believe he had committed any crime. He remained incarcerated from November 10 through November 21, 2012, until the charges were dismissed.
On July 20, 2013, Scott was again arrested without cause near Washington Square Park by NYPD Officers Andrew Smith, an unidentified officer believed to be "John" Susana, and thre...
