Marshall Winston

Marshall Winston

Marshall Winston
Badge #4109, Black Male
Former Sergeant Special Assignment at Housing Borough Brooklyn Impact Response Team
Also served at Police Service Area 2
Service started October 1990, ended November 2018, Tax #913724

Substantiated Allegations:
Abuse of Authority: Search (of person)
Discourtesy: Word

Lawsuit settlements:
$10,000   Wallace, Devin vs City of New York, et al., 2018 EDNY EDNY 18CV07306
$10,000   Denmark, Shatee vs City of New York, et al., 2018 EDNY EDNY 18CV01224
$32,000   Boston, Johnathan, et al. vs City of New York, et al., 2017 EDNY EDNY 17CV01446
$2,500   Belle, Randy vs City of New York, et al., 2014 EDNY EDNY 14CV00965
View Details

Complaints

18 Complaints
43 Allegations
2 Substantiated
2 Substantiated (Command Discipline A)
2 Alleged Victim Uncooperative
1 Complainant Unavailable
9 Complainant Uncooperative
8 Exonerated
2 Unfounded
19 Unsubstantiated

Complaint #201705485, June 2017
Allegation: Discourtesy: Gesture
Complainant: Black Male, 34
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Female, 35
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat to damage/seize property
Complainant: Age 38
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Female, 35
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Age 38
CCRB Conclusion: Exonerated
Documents: Complaint Closing Report
additional details

Complaint #201701812, March 2017
Allegation: Discourtesy: Word
Complainant: Black Male, 39
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201607492, August 2016
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 31
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Threat of summons
Complainant: Black Male, 31
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 41
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201606819, August 2016
Allegation: Discourtesy: Word
Complainant: Black Male, 41
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Conclusion: Command Level Instructions
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 41
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 41
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 41
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Action
Complainant: Black Male, 40
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 31
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Conclusion: Formalized Training
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 30
CCRB Conclusion: Unsubstantiated
Penalty: Formalized Training
Documents: Complaint Closing Report
additional details

Complaint #201606028, June 2016
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 19
CCRB Conclusion: Exonerated
additional details

Complaint #201605701, April 2016
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Female, 33
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Black Female, 33
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Black Female, 33
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Female, 33
CCRB Conclusion: Exonerated
Allegation: Offensive Language: Gender
Complainant: Black Female, 33
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201509004, October 2015
Allegation: Force: Nonlethal restraining device
Complainant: Male, 27
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201503822, May 2015
Allegation: Force: Physical force
Complainant: Black Male, 32
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201409827, September 2014
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 18
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Discourtesy: Word
Complainant: White Female
CCRB Conclusion: Alleged Victim Uncooperative
Documents: Complaint Closing Report
additional details

Complaint #201409826, September 2014
Allegation: Discourtesy: Word
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #201211223, August 2012
Allegation: Discourtesy: Word
Complainant: Black Female, 58
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200916595, October 2009
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200913313, August 2009
Allegation: Abuse of Authority: Threat of summons
CCRB Conclusion: Complainant Uncooperative
Allegation: Discourtesy: Word
Complainant: Black Female, 24
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Female, 26
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200911535, July 2009
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 26
CCRB Conclusion: Unfounded
Allegation: Force: Handcuffs too tight
Complainant: Black Male, 26
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Black Male, 26
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200904028, March 2009
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Male, 31
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 31
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Question
Complainant: Black Male, 31
CCRB Conclusion: Exonerated
additional details

Complaint #200811157, August 2008
Allegation: Discourtesy: Word
Complainant: Black Female, 48
CCRB Conclusion: Unsubstantiated
Allegation: Force: Pepper spray
Complainant: Black Male, 50
CCRB Conclusion: Exonerated
additional details

Complaint #200400789, January 2004
Allegation: Force: Gun Pointed
Complainant: Male, 38
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Frisk and/or search
Complainant: Male, 38
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200300648, January 2003
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Hispanic Male, 16
CCRB Conclusion: Unfounded
additional details

Complaint #201705485, June 2017
Allegation Complainant CCRB Conclusion
Discourtesy: Gesture Black Male, 34 Unsubstantiated
Discourtesy: Word Female, 35 Unsubstantiated
Abuse of Authority: Threat to damage/seize property Age 38 Unsubstantiated
Force: Physical force Female, 35 Unsubstantiated
Abuse of Authority: Stop Age 38 Exonerated
Documents: Complaint Closing Report
additional details
Complaint #201701812, March 2017
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 39 Unsubstantiated
additional details
Complaint #201607492, August 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Black Male, 31 Complainant Uncooperative
Abuse of Authority: Threat of summons Black Male, 31 Complainant Uncooperative
Abuse of Authority: Search (of person) Black Male, 41 Complainant Uncooperative
additional details
Complaint #201606819, August 2016
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 41 Substantiated (Command Discipline A)
NYPD Conclusion: Command Level Instructions
Abuse of Authority: Threat of arrest Black Male, 41 Exonerated
Abuse of Authority: Stop Black Male, 41 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Black Male, 41 Unsubstantiated
Discourtesy: Action Black Male, 40 Unsubstantiated
Abuse of Authority: Search (of person) Black Male, 31 Substantiated (Command Discipline A)
NYPD Conclusion: Formalized Training
Abuse of Authority: Threat of arrest Black Male, 30 Unsubstantiated
Penalty: Formalized Training
Documents: Complaint Closing Report
additional details
Complaint #201606028, June 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Frisk Black Male, 19 Exonerated
additional details
Complaint #201605701, April 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name/shield number Black Female, 33 Unsubstantiated
Discourtesy: Word Black Female, 33 Unsubstantiated
Discourtesy: Word Black Female, 33 Unsubstantiated
Abuse of Authority: Threat of arrest Black Female, 33 Exonerated
Offensive Language: Gender Black Female, 33 Unsubstantiated
additional details
Complaint #201509004, October 2015
Allegation Complainant CCRB Conclusion
Force: Nonlethal restraining device Male, 27 Complainant Uncooperative
additional details
Complaint #201503822, May 2015
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 32 Complainant Uncooperative
additional details
Complaint #201409827, September 2014
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Black Male, 18 Alleged Victim Uncooperative
Discourtesy: Word White Female Alleged Victim Uncooperative
Documents: Complaint Closing Report
additional details
Complaint #201409826, September 2014
Allegation CCRB Conclusion
Discourtesy: Word Complainant Unavailable
additional details
Complaint #201211223, August 2012
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Female, 58 Unsubstantiated
additional details
Complaint #200916595, October 2009
Allegation CCRB Conclusion
Force: Nonlethal restraining device Complainant Uncooperative
additional details
Complaint #200913313, August 2009
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of summons Complainant Uncooperative
Discourtesy: Word Black Female, 24 Complainant Uncooperative
Abuse of Authority: Threat of force (verbal or physical) Black Female, 26 Complainant Uncooperative
additional details
Complaint #200911535, July 2009
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of force (verbal or physical) Black Male, 26 Unfounded
Force: Handcuffs too tight Black Male, 26 Unsubstantiated
Discourtesy: Word Black Male, 26 Unsubstantiated
additional details
Complaint #200904028, March 2009
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name/shield number Black Male, 31 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Black Male, 31 Exonerated
Abuse of Authority: Question Black Male, 31 Exonerated
additional details
Complaint #200811157, August 2008
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Female, 48 Unsubstantiated
Force: Pepper spray Black Male, 50 Exonerated
additional details
Complaint #200400789, January 2004
Allegation Complainant CCRB Conclusion
Force: Gun Pointed Male, 38 Exonerated
Abuse of Authority: Frisk and/or search Male, 38 Unsubstantiated
additional details
Complaint #200300648, January 2003
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name/shield number Hispanic Male, 16 Unfounded
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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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 5 known lawsuits, $54,500 total settlements.

Wallace, Devin vs City of New York, et al.
Case # 18CV07306, U.S. District Court - Eastern District NY, December 28, 2018, ended July 10, 2019
$10,000 Settlement
Complaint
Description: On or about October 14, 2014, defendants P.O.s approached plaintiff who was a sixteen-year-old minor without justification or provocation and slammed plaintiff onto the ground. The defendants disregarded plaintiff’s pleas of stopping hurting him and cuffed plaintiff extremely tightly. The defendants also disregarded plaintiff’s request of loosening up the handcuffs when plaintiff was losing sensation in his wrists. The defendants later shoved a handcuffed plaintiff into a police van and transported him to a police precinct. At the precinct, the defendants denied plaintiff’s requests for medical attention. The charges against plaintiff were dismissed and sealed.

Denmark, Shatee vs City of New York, et al.
Case # 18CV01224, U.S. District Court - Eastern District NY, March 14, 2018, ended October 3, 2019
$10,000 Settlement
Complaint
Description: On October 12, 2015, Plaintiff Shatee Denmark was siting outside when several Defendant NYPD officers approached and asked for ID. They stated they had a warrant and were arresting him. Plaintiff stood to allow himself to be handcuffed. Defendants claimed that this was resisting arrest. Defendants beat the Plaintiff with their hands and feet, as well as what Plaintiff thinks was a metal baton. They proceeded to mace him in the face and shoot him with a taser. Defendants also contorted his arms, one of which was in a cast, in a painful manner to handcuff Plaintiff. He was taken to the hospital before precinct booking and court appearance. All charges were ultimately dropped against Plaintiff.

Boston, Johnathan, et al. vs City of New York, et al.
Case # 17CV01446, U.S. District Court - Eastern District NY, April 5, 2017, ended June 12, 2018
$32,000 Settlement
Complaint
Description: On or about July 28, 2016, Plaintiff’s were sitting in Plaintiff Boston’s car (a white BMW) when a gun fight erupted. An individual who emerged from a car parked right in front of the plaintiffs fired several shots, and Plaintiff Boston quickly drove away. In the process of leaving, his car side-swiped a Toyota sedan double parked on the block. Shortly after leaving, the Plaintiffs returned to try to take responsibility for damaging the car. When they returned, officers were investigating the shooting and were questioning bystanders about who owned a white BMW. Plaintiff Boston identified himself as the owner of the vehicle. The Plaintiffs provided their identification and consented to allow the officers search...

Denmark, Shatee vs City of New York, et al.
Case # 16CV07101, U.S. District Court - Eastern District NY, December 30, 2016, ended December 18, 2017
Zero Disposition
Complaint
Description: On February 8, 2015, plaintiff was sitting outside a residence. Police officers approached and asked for his id, but he did not have. He tried to cooperate by telling them his name, but officers told him he had a warrant out and would be taken to jail. Plaintiff, believing this was a mistake, still cooperated an allowed himself to be handcuffed. Officers then claimed he was resisting arrest, beat him with their hands and feet and hit him with metal batons in his head and metal batons. Officers also sprayed him with mac and shot him with a taser. They also contorted plaintiff's arm which was in a cast painfully behind his back. Plaintiff was then taken to the precinct and central booking. When brought before th...

Belle, Randy vs City of New York, et al.
Case # 14CV00965, U.S. District Court - Eastern District NY, February 25, 2014, ended September 16, 2014
$2,500 Settlement
Complaint
Description: On August 15, 2013, the Plaintiff, with an unopened can of beer, stopped his car to talk with his friend. Severage PO's approached the Plaintiff, asked him to get out of the car, checked the identification, threw the Plaintiff to the ground, used excessive force, and handcuffed the Plaintiff. There was no probable cause, yet the Plaintiff was placed under arrest. The Plaintiff was wrongfully charged with consumption of Alcohol in public and resisting arrest. The Plaintiff subsequently accepted an adjournment in contempation of dismissal.