Malcolm J. Hart

Badge #6651, Black Male
Former Police Officer at Brooklyn Court Section
Also served at 42nd Precinct, 83rd Precinct
Service started January 2009, ended December 2021, Tax #948044

Discipline Cases:

Case: 2017-17346
Closed: 5/15/2017
Case: 2016-15245
Closed: 8/16/2016
Case: 2015-14565
Closed: 4/8/2016

View Details

Lawsuit Settlements:
$20,000   Defrancesco, Erica vs City of Ny, et al., 2023 KCSC KCSC 509044/2023
$140,000   Gochnour, Michael vs Nypd Officer Hart, Malcolm, Shield# 6651, et al., 2022 KCSC KCSC 528027/2022
$37,500   Kaykov, Boris vs City of New York, et al., 2017 BCSC BCSC 300520/2017
$35,000   Mack, George vs City of New York, et al., 2014 BCSC BCSC 025248/2014E
$6,000   Carrasco, Daquan an Infant By Brown, Angelina vs City of New York, et al., 2013 BCSC BCSC 350200/2013
$75,000   Johnson, Kyle vs City of New York, et al., 2013 BCSC BCSC 306099/2013
$20,000   Sumter, Victor vs City of New York, et al., 2012 BCSC BCSC 305451/2012
View Details

Complaints

5 Complaints
10 Allegations
0 Substantiated
1 Alleged Victim Uncooperative
4 Closed - Pending Litigation
1 Complaint Withdrawn
2 Miscellaneous - Subject Terminated
2 Unsubstantiated

Complaint #202106433, October 2021
Allegation: Abuse of Authority: Gun Drawn
Complainant: Hispanic Male, 35-39
CCRB Conclusion: Closed - Pending Litigation
Allegation: Force: Physical force
Complainant: Hispanic Male, 35-39
CCRB Conclusion: Closed - Pending Litigation
Allegation: Force: Gun as club
Complainant: Hispanic Male, 35-39
CCRB Conclusion: Closed - Pending Litigation
Allegation: Force: Physical force
Complainant: Hispanic Male, 35-39
CCRB Conclusion: Closed - Pending Litigation
additional details

Complaint #202100236, December 2020
Allegation: Force: Physical force
Complainant: Hispanic Male, 21-24
CCRB Conclusion: Alleged Victim Uncooperative
additional details

Complaint #202100274, October 2020
Allegation: Abuse of Authority: Threat of arrest
Complainant: White Female, 45-49
CCRB Conclusion: Miscellaneous - Subject Terminated
Allegation: Abuse of Authority: Threat of arrest
Complainant: White Male, 50-54
CCRB Conclusion: Miscellaneous - Subject Terminated
additional details

Complaint #202002774, April 2020
Allegation: Abuse of Authority: Threat of arrest
Complainant: Male, 38
CCRB Conclusion: Complaint Withdrawn
additional details

Complaint #201307003, July 2013
Allegation: Discourtesy: Word
Complainant: Black Male, 33
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat to notify ACS
CCRB Conclusion: Unsubstantiated
additional details

Complaint #202106433, October 2021
Allegation Complainant CCRB Conclusion
Abuse of Authority: Gun Drawn Hispanic Male, 35-39 Closed - Pending Litigation
Force: Physical force Hispanic Male, 35-39 Closed - Pending Litigation
Force: Gun as club Hispanic Male, 35-39 Closed - Pending Litigation
Force: Physical force Hispanic Male, 35-39 Closed - Pending Litigation
additional details
Complaint #202100236, December 2020
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 21-24 Alleged Victim Uncooperative
additional details
Complaint #202100274, October 2020
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest White Female, 45-49 Miscellaneous - Subject Terminated
Abuse of Authority: Threat of arrest White Male, 50-54 Miscellaneous - Subject Terminated
additional details
Complaint #202002774, April 2020
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Male, 38 Complaint Withdrawn
additional details
Complaint #201307003, July 2013
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 33 Unsubstantiated
Abuse of Authority: Threat to notify ACS Unsubstantiated
additional details

Conclusion Meanings:

'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: 2017-17346
Closed: 5/15/2017
Case Details:
  1. Guilty: While assigned to Manhattan court section on and off-duty, said Police Officer did wrongfully operate his vehicle at a fifty (50) miles per hour, at a rate speed in excess of eithty (80) miles per hour while in the confines of New York county on the henry hudson parkway, and switched lanes in an erratic manner.
  2. Guilty: Was discourteous to a person known to the Department.
  3. Guilty: Fail and neglect to remove his Department identification card from his wallet and provide it to on-duty Police Officer assigned to highway 1.
Penalty: Dismissal probation (12 months), suspended w/o pay (30 days), vacation days (30 days)

Case: 2016-15245
Closed: 8/16/2016
Case Details:
  1. Guilty: While on-duty, made an attempt to engage on-duty Supervisor in a physical altercation.
  2. Pleaded Guilty: While on-duty, failed to notify the precinct desk officer he was dismissed from Bronx criminal court.
  3. Pleaded Guilty: While on-duty, was dismissed from Bronx criminal court and failed to immediately return to the precinct.
  4. Guilty: While on-duty, failed to answer a Supervisor, when he was asked about his whereabouts.
Penalty: Dismissal probation (12 months), pre-trial suspension days (32 days), vacation days (13 days)

Case: 2015-14565
Closed: 4/8/2016
Case Details:
  1. Pleaded Guilty: Did report late for duty four times for a total of one hour and ten minutes.
  2. Pleaded Guilty: While off-duty, operated his personal vehicle in a reckless manner.
  3. Pleaded Guilty: While off-duty, operated his personal vehicle in a reckless manner and failed to obey a law enforcement officer's order to stop and pull over.
  4. Pleaded Guilty: While off-duty, operated his vehicle in a reckless manner.
  5. Pleaded Guilty: Did fail to notify the Department that he was running late for duty.
  6. Pleaded Guilty: Did operate a motorcycle and did not have a New York state class m license.
Penalty: Dismissal probation (12 months), pre-trial suspension days (32 days), vacation days (13 days)


Lawsuits

Named in 8 known lawsuits, $333,500 total settlements.

Defrancesco, Erica vs City of Ny, et al.
Case # 509044/2023, Supreme Court - Kings, March 28, 2023, ended February 16, 2024
$20,000 Settlement
Complaint
Description: On October 13, 2021, Erica Defrancesco was a passenger in a vehicle pulled over by Defendant officers in the area of 535 Bushwick Avenue in Kings County. The vehicle was lawfully registered and the driver had not violated any traffic laws, however, Defendant officers ordered the driver to pull to the side of the road. When Defendant officers approached the vehicle, all occupants were ordered to exit the vehicle. After getting out of the car, Defendant officers grabbed her arms and pinned them behind her back. The metal handcuffs were applied so tightly, she experienced pain, lacerations, and bruising to her wrists. Ms. Defrancesco was then transported to the 83rd NYPD Precinct, where she was kept for several ho...

Gochnour, Michael vs Nypd Officer Hart, Malcolm, Shield# 6651, et al.
Case # 528027/2022, Supreme Court - Kings, October 26, 2022, ended July 17, 2024
$140,000 Settlement
Complaint
Description: On October 13, 2021, Plaintiff was a passenger in a vehicle that was pulled over by defendant officers. The vehicle was lawfully registered and the driver had not violated any laws. Defendant officers approached the vehicle and ordered all occupants out. As Plaintiff was exiting the vehicle, a defendant officer struck Plaintiff on the head with the handle of their pistol, causing Plaintiff to suffer deep lacerations, swelling, bruising, and intense pain in their head, face, and neck and requiring stitches. Defendant-officers grabbed Plaintiff, pinned his arms behind his back, and cuffed his wrists with metal handcuffs that were so tight that he experienced pain, lacerations, and bruising to their wrists. Plaint...

Kaykov, Boris vs City of New York, et al.
Case # 300520/2017, Supreme Court - Bronx, March 15, 2017, ended September 24, 2019
$37,500 Settlement

Mack, George vs City of New York, et al.
Case # 025248/2014E, Supreme Court - Bronx, November 7, 2014, ended December 4, 2015
$35,000 Settlement
Complaint, Stipulation

Carrasco, Daquan an Infant By Brown, Angelina vs City of New York, et al.
Case # 350200/2013, Supreme Court - Bronx, November 8, 2013, ended April 28, 2015
$6,000 Settlement

Johnson, Kyle vs City of New York, et al.
Case # 306099/2013, Supreme Court - Bronx, November 1, 2013, ended May 8, 2017
$75,000 Settlement

Sumter, Victor vs City of New York, et al.
Case # 305451/2012, Supreme Court - Bronx, June 22, 2012, ended January 10, 2013
$20,000 Settlement
Complaint

George et al v. City of New York et al
Case # 309230/2011, Supreme Court - Bronx
Complaint

Other Documents

NYPD Trial Decision 6/13/2019
NYPD Trial Decision 7/12/2017
Bronx DA Notified Officer List
Brooklyn DA Disclosure Letter references additional lawsuit 12CV305451
DA Disclosure Letter
DA Disclosure Letter