Matthew J. Giannella

Matthew J. Giannella

Matthew J. Giannella
Badge #27163, White Male
Former Police Officer at 40th Precinct
Service started January 2018, ended July 2024, Tax #965135

Substantiated Allegations:
Abuse of Authority: Stop (2)
Abuse of Authority: Threat of force (verbal or physical)

Discipline Cases:

Case: 2021-24356
Closed: 4/23/2024

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Lawsuit Settlements:
$42,500   Romero, Julio vs City of Ny, et al., 2024 BCSC BCSC 806435/2024E
$85,000   Santiago, Josue vs City of Ny, et al., 2023 BCSC BCSC 811879/2023E
$17,500   Velez, Moises vs City of New York, et al., 2019 BCSC BCSC 034882/2019E
View Details

Complaints

2 Complaints
9 Allegations
3 Substantiated
2 Substantiated (Formalized Training)
1 Substantiated (Command Discipline B)
1 Alleged Victim Unavailable
2 Exonerated
2 Unfounded
1 Unsubstantiated

Complaint #202305212, May 2023
Allegation: Force: Other
Complainant: Hispanic Male, 40-44
CCRB Conclusion: Alleged Victim Unavailable
additional details

Complaint #201910281, November 2019
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Female
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Force: Physical force
Complainant: Female
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Female
CCRB Conclusion: Exonerated
Allegation: Offensive Language: Gender
Complainant: Female
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Stop
Complainant: Black Female, 15-17
CCRB Conclusion: Substantiated (Formalized Training)
Allegation: Abuse of Authority: Stop
Complainant: Female
CCRB Conclusion: Substantiated (Formalized Training)
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Female
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Female
CCRB Conclusion: Unfounded
NYPD Conclusion: APU Dismissed
APU Plea Penalty: Forfeit vacation 5 days
APU Case Status: Closed: Plea set aside, Without discipline, May 15, 2024
Documents: APU Quarterly Report summary
Complaint Closing Report
NYPD Plea Agreement
additional details

Complaint #202305212, May 2023
Allegation Complainant CCRB Conclusion
Force: Other Hispanic Male, 40-44 Alleged Victim Unavailable
additional details
Complaint #201910281, November 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of force (verbal or physical) Female Substantiated (Command Discipline B)
Force: Physical force Female Exonerated
Discourtesy: Word Female Exonerated
Offensive Language: Gender Female Unfounded
Abuse of Authority: Stop Black Female, 15-17 Substantiated (Formalized Training)
Abuse of Authority: Stop Female Substantiated (Formalized Training)
Abuse of Authority: Threat of force (verbal or physical) Female Unsubstantiated
Discourtesy: Word Female Unfounded
NYPD Conclusion: APU Dismissed
APU Plea Penalty: Forfeit vacation 5 days
APU Case Status: Closed: Plea set aside, Without discipline, May 15, 2024
Documents: APU Quarterly Report summary
Complaint Closing Report
NYPD Plea Agreement
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: 2021-24356
Closed: 4/23/2024
Case Details:
  1. Wrongful threat of force.
  2. Wrongfully stopped an individual known to the Department.
  3. Wrongfully stopped individuals.
Recommendation: Charges and Specifications


Lawsuits

Named in 5 known lawsuits, $145,000 total settlements.

Manan, Geraldo vs The City of Ny, et al.
Case # 814025/2024E, Supreme Court - Bronx, September 6, 2024
Complaint
Description: On June 8, 2023, on a street in the Bronx, Plaintiff Geraldo Manan was walking when he was rushed by Defendants NYPD Officers, whereupon he was assaulted -- an assault that led to numerous lacerations, bruises and abrasions -- and thereafter arrested, relocated, and detained at the precinct. Ultimately, the charge Defendants sought to bring against him for possession with intent to sell were dismissed.

Romero, Julio vs City of Ny, et al.
Case # 806435/2024E, Supreme Court - Bronx, April 19, 2024, ended December 2, 2024
$42,500 Settlement
Complaint
Description: On November 1, 2024, Plaintiff Julio Romero was illegally stopped, searched and detained by defendant Police Officer Matthew Giannella, Police Officer Nicholas Haspil, Police Officer John Doe, and Police Officer John Roe. Plaintiff was arrested by defendants without cause or justification. Plaintiff JULIO ROMERO remained incarcerated for over 24 hours and was required to make numerous court appearances over an extended period of time until all charges were dropped in Plaintiff's favor.

Santiago, Josue vs City of Ny, et al.
Case # 811879/2023E, Supreme Court - Bronx, August 4, 2023, ended February 26, 2024
$85,000 Settlement
Complaint
Description: On February 1, 2023, in the area of Canal Street and East 144th Street in the Bronx, Defendant officers Giannella, Doe and Roe, without an arrest warrant, probable cause, or any legal justification, approached Mr. Santiago and stopped, searched, grabbed, assaulted, battered, and detained him in an excessive manner. Mr. Santiago remained incarcerated for over twenty-four hours and was required to make numerous court appearances until all charges against him were terminated favorably.

Kulka, Renata vs City of Ny, et al.
Case # 803175/2021E, Supreme Court - Bronx, March 23, 2021
Complaint
Description: On May 4, 2020, Plaintiff was in front of at the 40th Precinct, when Plaintiff was unlawfully arrested, battered and assaulted by PO Ernesto Hernandez and Matthew Gianella, which caused Plaintiff to sustain great bodily injury in and about his anatomy and be rendered sick, sore, lame and disabled.

Velez, Moises vs City of New York, et al.
Case # 034882/2019E, Supreme Court - Bronx, December 30, 2019, ended March 7, 2023
$17,500 Settlement
Complaint
Description: On or about September 14, 2018, Moises Velez was unlawfully stopped, searched, and arrested by NYPD Officer Matthew Giannella near 257 Alexander Avenue in the Bronx. Officer Giannella accused Velez of possessing a gravity knife and allegedly fabricated evidence to justify the arrest. Velez was detained for three days before being released on his own recognizance. The charges were eventually dismissed on July 16, 2019. Velez claims that he suffered physical, emotional, and psychological injuries due to the unlawful arrest, including pain from tight handcuffs and a strip search conducted at the precinct.

Other Documents