Substantiated Allegations:
Force: Nightstick as club (incl asp & baton) (4)
Force: Physical force (3)
Force: Nightstick as club (incl asp & baton) (4)
Force: Physical force (3)
Elliot S. Zinstein
Badge #5494,
White Male
Sergeant at INS TRN since October 2024
Also served at
Patrol Borough Bronx Impact Response Team,
33rd Precinct,
42nd Precinct,
Training Bureau
Service
started July 2008,
made $192,000 last year,
Tax #947634
Discipline Cases:
Case: 2022-25457
Closed: 5/14/2024
Case: 2022-25457
Closed: 5/14/2024
View Details
Lawsuit Settlements:
$405,000 Morales, Zuleyka, et Al vs City of Ny, et al., 2021 SDNY SDNY 21CV07332
$24,000 Ojeda, Annabella vs City of Ny, et al., 2021 SDNY SDNY 21CV05775
$72,000 Gilliam, Marcus, et Al vs Lynch, Patrick, et al., 2021 SDNY SDNY 21CV05263
$24,000 Scotch-Marmo, August vs City of New York, et al., 2012 SDNY SDNY 12CV05367
View Details
$405,000 Morales, Zuleyka, et Al vs City of Ny, et al., 2021 SDNY SDNY 21CV07332
$24,000 Ojeda, Annabella vs City of Ny, et al., 2021 SDNY SDNY 21CV05775
$72,000 Gilliam, Marcus, et Al vs Lynch, Patrick, et al., 2021 SDNY SDNY 21CV05263
$24,000 Scotch-Marmo, August vs City of New York, et al., 2012 SDNY SDNY 12CV05367
View Details
Articles
2020 NYC Protests, CCRB, 1/24/2023After Arrest, Possible Favored Treatment of Bronx Prosecutor Was Not Investigated, New York Times, 4/29/2011
Complaints
7
Complaints
17
Allegations
7
Substantiated
4
Substantiated (Charges)
3
Substantiated (Command Discipline B)
1
Complainant Unavailable
4
Complainant Uncooperative
2
Exonerated
1
Unfounded
2
Unsubstantiated
Complaint #202004203,
June 2020
additional details
| Allegation: | Abuse of Authority: Interference with recording |
|---|---|
| Complainant: | Hispanic Female, 30-34 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Substantiated (Command Discipline B) |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Substantiated (Command Discipline B) |
| Allegation: | Force: Nightstick as club (incl asp & baton) |
| CCRB Conclusion: | Substantiated (Charges) |
| Allegation: | Force: Nightstick as club (incl asp & baton) |
| CCRB Conclusion: | Substantiated (Charges) |
| Allegation: | Force: Nightstick as club (incl asp & baton) |
| CCRB Conclusion: | Substantiated (Charges) |
| Allegation: | Discourtesy: Word |
| CCRB Conclusion: | Unfounded |
| Allegation: | Force: Nightstick as club (incl asp & baton) |
| Complainant: | Hispanic Female, 30-34 |
| CCRB Conclusion: | Substantiated (Charges) |
| NYPD Conclusion: | APU Command Discipline B |
| APU Plea Penalty: | Forfeit vacation 10 days |
| APU Case Status: | Closed: Resolved by plea, April 12, 2024 |
| Penalty: | Forfeit vacation 10 days / Command Discipline B |
| Documents: | APU Quarterly Report summary |
| Complaint Closing Report | |
| NYPD Plea Agreement |
Complaint #202004315,
June 2020
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Hispanic Female, 30-34 |
| CCRB Conclusion: | Substantiated (Command Discipline B) |
| NYPD Conclusion: | Command Discipline - B |
| Penalty: | Command Discipline - B (Vacation: 5 days) |
| Documents: | Complaint Closing Report |
Complaint #201803608,
May 2018
additional details
| Allegation: | Abuse of Authority: Refusal to provide name/shield number |
|---|---|
| Complainant: | Black Male, 40 |
| CCRB Conclusion: | Complainant Uncooperative |
| Allegation: | Discourtesy: Word |
| Complainant: | Black Male, 40 |
| CCRB Conclusion: | Complainant Uncooperative |
| Allegation: | Abuse of Authority: Threat of arrest |
| Complainant: | Black Male, 40 |
| CCRB Conclusion: | Complainant Uncooperative |
| Documents: | Complaint Closing Report |
Complaint #201608679,
October 2016
additional details
| Allegation: | Abuse of Authority: Threat of force (verbal or physical) |
|---|---|
| Complainant: | Hispanic Male, 31 |
| CCRB Conclusion: | Unsubstantiated |
| Documents: | Complaint Closing Report |
Complaint #201305477,
June 2013
additional details
| Allegation: | Discourtesy: Word |
|---|---|
| Complainant: | White Female, 31 |
| CCRB Conclusion: | Complainant Uncooperative |
| Documents: | Complaint Closing Report |
Complaint #201110594,
August 2011
additional details
| Allegation: | Offensive Language: Ethnicity |
|---|---|
| Complainant: | Hispanic Male, 39 |
| CCRB Conclusion: | Complainant Unavailable |
| Documents: | Complaint Closing Report |
Complaint #201004354,
March 2010
additional details
| Allegation: | Abuse of Authority: Frisk |
|---|---|
| Complainant: | Black Male, 24 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Abuse of Authority: Vehicle search |
| Complainant: | Black Male, 19 |
| CCRB Conclusion: | Exonerated |
| Documents: | Complaint Closing Report |
| Complaint #202004203, June 2020 | ||
|---|---|---|
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Interference with recording | Hispanic Female, 30-34 | Exonerated |
| Force: Physical force | Substantiated (Command Discipline B) | |
| Force: Physical force | Substantiated (Command Discipline B) | |
| Force: Nightstick as club (incl asp & baton) | Substantiated (Charges) | |
| Force: Nightstick as club (incl asp & baton) | Substantiated (Charges) | |
| Force: Nightstick as club (incl asp & baton) | Substantiated (Charges) | |
| Discourtesy: Word | Unfounded | |
| Force: Nightstick as club (incl asp & baton) | Hispanic Female, 30-34 | Substantiated (Charges) |
| NYPD Conclusion: APU Command Discipline B | ||
| APU Plea Penalty: Forfeit vacation 10 days | ||
| APU Case Status: Closed: Resolved by plea, April 12, 2024 | ||
| Penalty: Forfeit vacation 10 days / Command Discipline B | ||
| Documents: | APU Quarterly Report summary | |
| Complaint Closing Report | ||
| NYPD Plea Agreement | ||
| additional details | ||
| Complaint #202004315, June 2020 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Hispanic Female, 30-34 | Substantiated (Command Discipline B) |
| NYPD Conclusion: Command Discipline - B | ||
| Penalty: Command Discipline - B (Vacation: 5 days) | ||
| Documents: | Complaint Closing Report | |
| additional details | ||
| Complaint #201803608, May 2018 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Refusal to provide name/shield number | Black Male, 40 | Complainant Uncooperative |
| Discourtesy: Word | Black Male, 40 | Complainant Uncooperative |
| Abuse of Authority: Threat of arrest | Black Male, 40 | Complainant Uncooperative |
| Documents: | Complaint Closing Report | |
| additional details | ||
| Complaint #201608679, October 2016 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Threat of force (verbal or physical) | Hispanic Male, 31 | Unsubstantiated |
| Documents: | Complaint Closing Report | |
| additional details | ||
| Complaint #201305477, June 2013 | ||
| Allegation | Complainant | CCRB Conclusion |
| Discourtesy: Word | White Female, 31 | Complainant Uncooperative |
| Documents: | Complaint Closing Report | |
| additional details | ||
| Complaint #201110594, August 2011 | ||
| Allegation | Complainant | CCRB Conclusion |
| Offensive Language: Ethnicity | Hispanic Male, 39 | Complainant Unavailable |
| Documents: | Complaint Closing Report | |
| additional details | ||
| Complaint #201004354, March 2010 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Frisk | Black Male, 24 | Unsubstantiated |
| Abuse of Authority: Vehicle search | Black Male, 19 | Exonerated |
| Documents: | Complaint Closing Report | |
| additional details | ||
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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.
Further details on conclusions.
Discipline
Case: 2022-25457
Closed: 5/14/2024
Case Details:
- Wrongfully used physical force.
Penalty: B - Command Discipline, vacation days (5 days)
Recommendation: Command Discipline - B
Case: 2022-25457
Closed: 5/14/2024
Case Details:
- Wrongfully used physical force.
Penalty: B - Command Discipline, vacation days (10 days)
Recommendation: Charges and Specifications
Case Details:
- Guilty: Did wrongfully engage in off-duty employment without the necessary permission and approval of the Department.
Penalty: Vacation days (10 days)
Case Details:
- Dismissed: Failed to appear at Traffic Violations Bureau, resulting in the dismissal of sixteen (16) summonses against thirteen (13) different motorists
Penalty: Charges and Specifications dismissed and respondent given schedule "a" Command Discipline
Lawsuits
Named in 7 known lawsuits, $525,000 total settlements.Morales, Zuleyka, et Al vs City of Ny, et al.
Case # 21CV07332, U.S. District Court - Southern District NY, September 7, 2021, ended November 29, 2023
$405,000 Settlement
Complaint
Description: On June 2, 2020, the Plaintiffs were falsely arrested after participating in a peaceful BLM protest. The plaintiffs were detained for eight hours, required medical treatment, and released with summons which were later on found to be legally deficient. Plaintiffs no longer had to appear in court.
Ojeda, Annabella vs City of Ny, et al.
Case # 21CV05775, U.S. District Court - Southern District NY, July 22, 2021, ended July 1, 2022
$24,000 Settlement
Complaint
Description: On June 15, 2020, plaintiff was working her shift at Shake Shack. P.O. Precious Cummings placed a pick-up order and complained that her milkshake tasted strange. In response, the store manager gave her and other officers with her coupons for free meals. Another group of officers, including P.O.s Genesis Nova-Diaz and Edwin Reyes-Estrada, arrived and placed milkshake orders, and later claimed falsely that they had been poisoned. Yet another group of officers, including P.O.s Elliot Zinstein and Brian Query, arrived and declared the area to be a "crime scene." Plaintiff and 4 other Shake Shack employees were instructed to remain at the premises. An unidentified officer demanded to see plaintiff's identific...
Gilliam, Marcus, et Al vs Lynch, Patrick, et al.
Case # 21CV05263, U.S. District Court - Southern District NY, June 17, 2021, ended August 4, 2022
$72,000 Settlement
Complaint
Description: On June 15, 2020, three officers ordered shakes from Shake Shack at Fulton Transit center. Officers complained their shake did not taste right and complained to plaintiff Gilliam, who offered them vouchers as an apology. The order was placed on the mobile app, so employees could not have known the order was from officers. Yet the officers accused plaintiffs of putting a toxic substance in their milkshake. However, the officers did not get sick or exhibit any signs of ingesting a toxic substance. Yet, Sergeant Zinstein set up a crime scene at the Shake Shack and detained all employees. Plaintiff cooperated and allowed them to search the premise and watch surveillance video and provided them samples from the shak...
Rosario, Ernesio vs City of New York, et al.
Case # 026930/2020, Supreme Court - Bronx, July 7, 2020
Fernandez, David, et al. vs City of New York, et al.
Case # 17CV00789, U.S. District Court - Southern District NY, February 17, 2017
Complaint
Description: Plaintiffs David and Joey Fernandez were in an argument when Joey kicked his bedroom door down, and accidentally hit his brother's nose. Plaintiffs called an ambulance, and when it arrived, police officers also arrived at the scene. The plaintiffs explained the situation to the police officers and said that neither wished to press charges. Police officers arrested both plaintiffs, and when Joey Fernandez asked why, he was pushed to the ground and punched and then taken into a police car. Joey was then put in a chokehold inside the police car. On his way to the precinct, Joey was further brutalized by police officers. Police officers also called Joey a "faggot", a "dickhead", and accused him of being part of a g...
Morgan, Michael vs City of New York, et al.
Case # 450630/2016, Supreme Court - New York, October 6, 2015
Complaint
Description: On August 20th, 2014, at the exit of West highway and W. 172nd St, NY, NY, plaintiff was attempting to buy water for his infant child at the neighborhood grocery store. Plaintiff was assaulted, attacked and verbally assaulted with racial slurs by defendants of the 33rd police precinct. Plaintiff was stopped by defendant officers using tight handcuffs on him. Defendants arrested plaintiff and charged him with Resisting Arrest. Plaintiff complained to defendants the handcuffs were tight and causing pain. Plaintiff requested medical assistance. Defendants ignored plaintiff's pleas for medical assistance.
Scotch-Marmo, August vs City of New York, et al.
Case # 12CV05367, U.S. District Court - Southern District NY, July 12, 2012, ended June 6, 2013
$24,000 Settlement