David John

Badge #1956, Black Male
Former Sergeant at Police Service Area 9
Also served at 30th Precinct, 83rd Precinct
Service started February 1994, ended March 2014, Tax #906515

Substantiated Allegations:
Force: Gun as club
Abuse of Authority: Frisk
Abuse of Authority: Question and/or stop
Abuse of Authority: Search (of person)
Abuse of Authority: Threat of force (verbal or physical)


Lawsuit settlements:
$15,000   Fagan, Mustafa vs City of New York, et al., 2014 EDNY EDNY 14CV00841
$25,000   Zajackowski, Daniel vs City of New York, et al., 2014 EDNY EDNY 14CV00012
$10,000   Jackson, Tyrone vs City of New York, et al., 2013 EDNY EDNY 13CV03589
$20,001   Arias, Isidro vs City of New York, et al., 2013 EDNY EDNY 13CV02816
$500,000   Cardenas v. The City of New York et al, EDNY EDNY 15CV06046
View Details

Complaints

18 Complaints
46 Allegations
5 Substantiated
5 Substantiated (Charges)
1 Alleged Victim Unavailable
4 Complainant Uncooperative
8 Exonerated
11 Unfounded
17 Unsubstantiated

Complaint #201213429, October 2012
Allegation: Force: Physical force
Complainant: Male, 28
CCRB Conclusion: Complainant Uncooperative
Allegation: Discourtesy: Word
Complainant: Male, 28
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201115767, December 2011
Allegation: Force: Chokehold
Complainant: Black Male, 17
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 17
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 17
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Radio as club
Complainant: Black Male, 17
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 17
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 17
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Not guilty
APU Case Status: Closed: Not guilty after trial, April 2014
Penalty: No penalty
additional details

Complaint #201109777, July 2011
Allegation: Force: Radio as club
Complainant: Black Male, 43
CCRB Conclusion: Unfounded
Allegation: Force: Physical force
Complainant: Black Male, 43
CCRB Conclusion: Unfounded
additional details

Complaint #200706091, April 2007
Allegation: Force: Physical force
Complainant: Hispanic Male, 28
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Hispanic Female, 32
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Threat to notify ACS
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Retaliatory arrest
Complainant: Hispanic Female, 32
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Hispanic Female, 32
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200613480, October 2006
Allegation: Force: Gun as club
Complainant: Black Male, 40
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Question and/or stop
Complainant: Black Male, 40
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: Plead Guilty - DCT
Penalty: Vacation: 40 days
additional details

Complaint #200611819, September 2006
Allegation: Force: Physical force
Complainant: Hispanic Male, 41
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200611494, August 2006
Allegation: Discourtesy: Word
Complainant: Black Male, 50
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 50
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200607817, June 2006
Allegation: Force: Physical force
Complainant: White Male, 18
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: White Male, 18
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Vehicle search
Complainant: White Male, 18
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200510539, September 2005
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: Male
CCRB Conclusion: Alleged Victim Unavailable
additional details

Complaint #200412605, November 2004
Allegation: Force: Physical force
Complainant: Hispanic Male, 54
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Refusal to process civilian complaint
Complainant: Hispanic Male, 54
CCRB Conclusion: Unfounded
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 54
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Threat of arrest
Complainant: Hispanic Male, 54
CCRB Conclusion: Unfounded
additional details

Complaint #200301374, February 2003
Allegation: Discourtesy: Demeanor/tone
Complainant: Black Male, 34
CCRB Conclusion: Unfounded
additional details

Complaint #200205162, August 2002
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 27
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Hispanic Male, 27
CCRB Conclusion: Substantiated (Charges)
Penalty: Command Discipline - A
additional details

Complaint #200100174, January 2001
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 46
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
additional details

Complaint #200006819, September 2000
Allegation: Force: Physical force
Complainant: Hispanic Male, 17
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Hispanic Male, 17
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 50
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Threat of arrest
Complainant: Hispanic Male, 50
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Hispanic Female, 43
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200006419, September 2000
Allegation: Abuse of Authority: Threat of arrest
Complainant: Hispanic Female, 37
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200001718, December 1999
Allegation: Force: Physical force
Complainant: Black Male, 41
CCRB Conclusion: Exonerated
additional details

Complaint #9602649, June 1996
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unfounded
additional details

Complaint #9503980, September 1995
Allegation: Force: Gun pointed
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Curse
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201213429, October 2012
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 28 Complainant Uncooperative
Discourtesy: Word Male, 28 Complainant Uncooperative
additional details
Complaint #201115767, December 2011
Allegation Complainant CCRB Conclusion
Force: Chokehold Black Male, 17 Unfounded
Abuse of Authority: Stop Black Male, 17 Exonerated
Abuse of Authority: Search (of person) Black Male, 17 Substantiated (Charges)
Force: Radio as club Black Male, 17 Unsubstantiated
Force: Physical force Black Male, 17 Unsubstantiated
Abuse of Authority: Frisk Black Male, 17 Substantiated (Charges)
NYPD Conclusion: APU Not guilty
APU Case Status: Closed: Not guilty after trial, April 2014
Penalty: No penalty
additional details
Complaint #201109777, July 2011
Allegation Complainant CCRB Conclusion
Force: Radio as club Black Male, 43 Unfounded
Force: Physical force Black Male, 43 Unfounded
additional details
Complaint #200706091, April 2007
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 28 Exonerated
Abuse of Authority: Premises entered and/or searched Unsubstantiated
Discourtesy: Word Hispanic Female, 32 Unfounded
Abuse of Authority: Threat to notify ACS Exonerated
Abuse of Authority: Retaliatory arrest Hispanic Female, 32 Unsubstantiated
Force: Physical force Hispanic Female, 32 Unsubstantiated
additional details
Complaint #200613480, October 2006
Allegation Complainant CCRB Conclusion
Force: Gun as club Black Male, 40 Substantiated (Charges)
Abuse of Authority: Question and/or stop Black Male, 40 Substantiated (Charges)
NYPD Conclusion: Plead Guilty - DCT
Penalty: Vacation: 40 days
additional details
Complaint #200611819, September 2006
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 41 Unsubstantiated
additional details
Complaint #200611494, August 2006
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 50 Complainant Uncooperative
Abuse of Authority: Threat of force (verbal or physical) Black Male, 50 Complainant Uncooperative
additional details
Complaint #200607817, June 2006
Allegation Complainant CCRB Conclusion
Force: Physical force White Male, 18 Unsubstantiated
Discourtesy: Word White Male, 18 Unsubstantiated
Abuse of Authority: Vehicle search White Male, 18 Unsubstantiated
additional details
Complaint #200510539, September 2005
Allegation Complainant CCRB Conclusion
Force: Nightstick as club (incl asp & baton) Male Alleged Victim Unavailable
additional details
Complaint #200412605, November 2004
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 54 Unfounded
Abuse of Authority: Refusal to process civilian complaint Hispanic Male, 54 Unfounded
Discourtesy: Word Hispanic Male, 54 Unfounded
Abuse of Authority: Threat of arrest Hispanic Male, 54 Unfounded
additional details
Complaint #200301374, February 2003
Allegation Complainant CCRB Conclusion
Discourtesy: Demeanor/tone Black Male, 34 Unfounded
additional details
Complaint #200205162, August 2002
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Male, 27 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Hispanic Male, 27 Substantiated (Charges)
Penalty: Command Discipline - A
additional details
Complaint #200100174, January 2001
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Male, 46 Exonerated
Abuse of Authority: Premises entered and/or searched Exonerated
additional details
Complaint #200006819, September 2000
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 17 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Hispanic Male, 17 Unsubstantiated
Discourtesy: Word Hispanic Male, 50 Unfounded
Abuse of Authority: Threat of arrest Hispanic Male, 50 Exonerated
Abuse of Authority: Threat of arrest Hispanic Female, 43 Unsubstantiated
additional details
Complaint #200006419, September 2000
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Hispanic Female, 37 Unsubstantiated
additional details
Complaint #200001718, December 1999
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 41 Exonerated
additional details
Complaint #9602649, June 1996
Allegation CCRB Conclusion
Abuse of Authority: Threat of arrest Unfounded
additional details
Complaint #9503980, September 1995
Allegation CCRB Conclusion
Force: Gun pointed Exonerated
Abuse of Authority: Property damaged Unsubstantiated
Abuse of Authority: Threat of force Unsubstantiated
Discourtesy: Curse Unsubstantiated
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.


Discipline

Case: 2013-9644
Opened: 5/21/2013
Closed: 4/3/2014
Case Details:
  1. Not Guilty: While on-duty, abused his authority as a member of the service, in that he participated in the unlawful frisk of an individual known to the Department
  2. Not Guilty: While on-duty, abused his authority as a member of the service, in that he participated in the unlawful search of an individual known to the Department
Penalty: Respondent was found Not Guilty


Lawsuits

Named in 6 known lawsuits, $570,001 total settlements.

Fagan, Mustafa vs City of New York, et al.
Case # 14CV00841, U.S. District Court - Eastern District NY, February 11, 2014, ended October 31, 2014
$15,000 Settlement
Complaint
Description: On or about October 16, 2012, Plaintiff was buying a beverage at a deli when Officer Terry Nicholson sold a telephone to him. As Plaintiff was leaving the deli he was set upon by two officers, Sergeant David John and Officer Albert Aronov. Sergeant John grabbed Plaintiff in a way that Plaintiff's head smashed into a pole. When the stunned and disoriented Plaintiff got out of the deli to escape Sergeant John, Officer Aronov hit him in the head with a walkie-talkie, causing him to fall onto the ground. Officer Aronov continued to hit him with his walkie-talkie. Sergeant John began to kick and stomp on Plaintiff, and punched him in the face numerous times. The officers handcuffed him and transported him to the pre...

Zajackowski, Daniel vs City of New York, et al.
Case # 14CV00012, U.S. District Court - Eastern District NY, January 2, 2014, ended November 14, 2014
$25,000 Settlement
Complaint
Description: On the morning of January 1, 2013, Police Officer (P.O.) Przemyslaw Szumilo, Sergeant (Sgt.) David John, and P.O. Matthew Ambrosino ('the Officers') arrested Mr. Zajackowski in retaliation for his comments regarding the safety and policing of an intersection. Mr. Zajackowski and his girlfriend were walking and reached the corner. Mr. Zajackowski (who holds a masters in Urban Planning and was employed as a transportation planner) noted the absence of proper traffic control signals and recalled an article regarding traffic safety issues within that precinct. Mr. Zajackowski recalled the presence of police officers nearby; he then approached the Officers to discuss traffic safety at the intersection. As he was spe...

Jackson, Tyrone vs City of New York, et al.
Case # 13CV03589, U.S. District Court - Eastern District NY, July 1, 2013, ended April 4, 2014
$10,000 Settlement
Complaint
Description: On or about May 4, 2012, in Brooklyn, Defendant Officers, Sergeant David John, P.O. Michael Smith , P. O. Anthony Fernandez, Sergeant Mary Humburg, and P.O. Sully Ceballos, acting in concert, arrested Plaintiff without cause and charged Plaintiff with disorderly conduct. In addition, on or about January 13, 2013, in Queens, defendant officers, acting in concert, arrested Plaintiff without cause and charged him with grand larceny in the fourth degree. Prior to his initial arrest, Plaintiff was subjected to an illegal and warrantless search by defendant officers, who did not find anything illegal on Plaintiff, yet nonetheless, arrested him and tightly handcuffed him. While at the precinct, Plaintiff was interroga...

Arias, Isidro vs City of New York, et al.
Case # 13CV02816, U.S. District Court - Eastern District NY, June 12, 2013, ended May 2, 2014
$20,001 Settlement
Complaint

Ramos et al v. Aronov et al
Case # 13CV01070, U.S. District Court - Eastern District NY
Settlement
First Amended Complaint, Settlement

Cardenas v. The City of New York et al
Case # 15CV06046, U.S. District Court - Eastern District NY
$500,000 Settlement
Complaint
Description: Plaintiff, a female NYPD officer assigned to the 83rd precinct, was routinely sexually harassed by Defendant Officers Sgt. David John and Angel Colon.

Other Documents