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.
Further details on conclusions.
Named in 2 known lawsuits, $70,000 total settlements.
Montanez-Garcia, Joanuel vs City of New York, et al.
Case # 16CV06479,
U.S. District Court - Southern District NY, November 1, 2016, ended June 25, 2018
Zero Disposition
Complaint
Description: On December 11, 2015, plaintiff was walking along a street, when defendant Fleming, dressed in plain clothes, approached him and asked to search plaintiff's backpack. Plaintiff refused and continued walking. Defendant Fleming drew his gun and threatened to shoot plaintiff if he did not stop. Further officers arrived at the scene and searched plaintiff and his backpack. Defendants threw plaintiff to the ground and placed him a choke-hold. Defendants then handcuffed plaintiff and transported him to the 23rd precinct. Plaintiff was then transported to Rikers Island where he was deprived of his medication. Plaintiff was then coerced into pleading guilty to one of the charges brought against him.
Bellusci v. City of New York et al
Case # 04CV10090,
U.S. District Court - Southern District NY
$70,000 Settlement
First Amended Complaint,
Stipulation
Description: Defendants DANIEL MALONEY and FINBAR FLEMING, while engaged in their police functions, repeatedly and without cause or justification struck, beat and kicked plaintiff while effectuating plaintiff's arrest and after plaintiff was under arrest.