Named in 8 known lawsuits, $183,300 total settlements.
Guillen, Edward vs City of New York, et al.
Case # 030880/2018E,
Supreme Court - Bronx, October 9, 2018, ended March 4, 2020
$27,500 Settlement
Complaint
Description: On October 12, 2016, the Plaintiff was approached by two officers, one of whom was Defendant Detective Michael Smith, as he was walking out of a bodega. Forcing him to return into the store, the officers advanced towards the Plaintiff with loaded firearms, extended limbs, and other items they used violently to catch, subdue, and arrest him, even though the Plaintiff was not resisting. The handcuffs were placed on the Plaintiff’s wrists so tightly that his wrists turned red and swelled up. At the time of the arrest, the Plaintiff was not given any explanation as to why he was being arrested, and the officers had no warrant or probable cause. Defendants Detective Michael Smith and Officer Gerson Cabrera, whose st...
Serrano, Tony vs City of New York, et al.
Case # 030035/2017E,
Supreme Court - Bronx, December 13, 2017, ended June 11, 2018
$27,500 Settlement
Complaint
Description: On August 4, 2016 at approximately 2 pm Plaintiff was in the vicinity of East 161st Street and Morris Avenue in Bronx county when Defendants, Police Officer Angel Andujar, Defendant Police Officer Michael Smith, Defendant Police Officer John Doe and Defendant Police Officer John Roe stopped, searched, grabbed, assaulted, battered, handcuffed and detained Plaintiff
with excessive force without a warrant or probable cause. Plaintiff was falsely arrested and taken to a police station in the County of Bronx and while in custody of Defendants, strip searched. Defendants actions were taken as part of the Stop and Frisk program and because of Plaintiff's race. Plaintiff was then arraigned and falsely and maliciously...
Nieves, Francisco vs City of New York, et al.
Case # 300843/2017,
Supreme Court - Bronx, April 13, 2017, ended December 19, 2018
$3,300 Settlement
Davis, Devin vs City of New York, et al.
Case # 023003/2016E,
Supreme Court - Bronx, May 23, 2016
Complaint
Description: On April 30, 2013 Plaintiff was stopped by police officers on 168th Street and Fulton Avenue, in the Bronx and was arrested without probable cause by the NYPD. Defendants used excessive force against Plaintiff. Officers John Smith, John Auciedo and Ramon E. Reyes detained Plaintiff in the 44th Precinct for several hours during which he was strip searhced before being released. Plaintiff was charged with Penal Law 140.05. Defendants with malicious intent arrested Plaintiff and brought a criminal proceeding against Plaintiff even though they knew that Plaintiff had committed no crime. The charges were dismissed on July 15, 2013. As a result of Defendant's actions plaintiff suffered physial and psychological injur...
Acosta, Luis vs City of New York, et al.
Case # 13CV07943,
U.S. District Court - Southern District NY, November 8, 2013, ended May 22, 2015
$50,000 Settlement
Complaint
Description: 1st Incident: Plaintiff falsely arrested for trespassing but then released without charges. 2nd incident: Plaintiff arrested for trespassing but was released without charges.3rd incident: Plaintiff was arrested for OGA, which was later dismissed.4th incident: Plaintiff arrested for Dis Con, later dismissed. 5th incident: Plaintiff arrested for sale of marijuana, taken to a precinct and strip searched. Charges later dismissed.
Addison, Sharnell vs City of New York, et al.
Case # 306133/2013,
Supreme Court - Bronx, October 25, 2013, ended June 26, 2017
$10,000 Settlement
Dejesus, Moraima, et al. vs City of New York, et al.
Case # 12CV09416,
U.S. District Court - Southern District NY, January 2, 2013, ended August 13, 2013
$65,000 Settlement
Complaint
Description: On January 11, 2012, Plaintiffs DeJesus, Ortiz and Diaz were on the sidewalk when Defendant officers approached and began questioning them. Despite answering all questions, Defendants illegally and without cause or suspicion searched Plaintiffs, including lifting the skirt of Plaintiff Moraima DeJesus. The officers then arrested Plaintiffs Ortiz and Diaz, handcuffed them excessively tight, and illegally searched Plaintiff Ortiz’ car, which was nearby. Despite finding no contraband, Plaintiffs Ortiz and Diaz were taken to the 44th Precinct and held on false unspecified charges by Defendant Officer Paul Brauer. All charges were dismissed at a later unspecified date.
Proctor, Alex vs City of New York
Case # 308451/2010,
Supreme Court - Bronx, October 28, 2010, ended January 13, 2015
Administrative Closing