Ausencio Fernandez

Badge #11966, Hispanic Male
Former Police Officer at 7th Precinct
Service started October 1990, ended August 2023, Tax #897445

Substantiated Allegations:
Force: Beat
Abuse of Authority: Threat of force

Complaints

4 Complaints
7 Allegations
2 Substantiated
2 Substantiated (Command Discipline)
1 Exonerated
3 Unfounded
1 Unsubstantiated

Complaint #202206819, October 2022
Allegation: Abuse of Authority: Refusal to obtain medical treatment
Complainant: Hispanic Female, 65-69
CCRB Conclusion: Unfounded
additional details

Complaint #201102882, February 2011
Allegation: Force: Physical force
Complainant: Black Male, 28
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Black Male, 28
CCRB Conclusion: Unfounded
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: Black Male, 28
CCRB Conclusion: Unfounded
additional details

Complaint #9604170, August 1996
Allegation: Force: Beat
CCRB Conclusion: Substantiated (Command Discipline)
Allegation: Abuse of Authority: Threat of force
CCRB Conclusion: Substantiated (Command Discipline)
additional details

Complaint #9505648, December 1995
Allegation: Force: Push/Shove
CCRB Conclusion: Unsubstantiated
additional details

Complaint #202206819, October 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to obtain medical treatment Hispanic Female, 65-69 Unfounded
additional details
Complaint #201102882, February 2011
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 28 Exonerated
Discourtesy: Word Black Male, 28 Unfounded
Force: Nightstick as club (incl asp & baton) Black Male, 28 Unfounded
additional details
Complaint #9604170, August 1996
Allegation CCRB Conclusion
Force: Beat Substantiated (Command Discipline)
Abuse of Authority: Threat of force Substantiated (Command Discipline)
additional details
Complaint #9505648, December 1995
Allegation CCRB Conclusion
Force: Push/Shove 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.


Lawsuits

Plowden, Najja vs City of New York, et al.
Case # 23CV02699, U.S. District Court - Southern District NY, April 4, 2023
Complaint
Description: On or about November 5, 2022, Plaintiff was lawfully present on the downtown track in the subway when he was approached by Officer Ausencio Fernandez and Officer Andrew Musco. During the encounter that ensued, Officer Fernandez struck Plaintiff in the face without cause or justification of any sort. Officer Fernandez then, with Officer Musco's assistance, arrested Plaintiff without probable cause. Officer Fernandez initiated a criminal proceeding against Plaintiff by falsely claiming that Plaintiff had shoved and kicked him. As a result, Plaintiff was held in custody for approximately 24 hours. The charges were eventually dismissed.