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.
Plowden, Najja vs City of Ny, et al.
Case # 23CV02699,
U.S. District Court - Southern District NY, April 4, 2023, ended April 16, 2024
$27,500 Settlement
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.