James Devane

Badge #4046, White Male
Former Police Officer at 101st Precinct
Service started January 2014, ended December 2019, Tax #955875

Substantiated Allegations:
Abuse of Authority: Refusal to provide shield number

Lawsuit settlements:
$30,000   Marcellin, Sean vs City of New York, et al., 2019 EDNY EDNY 19CV02076
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Complaints

3 Complaints
6 Allegations
1 Substantiated
1 Substantiated (Command Lvl Instructions)
2 Closed - Pending Litigation
3 Unsubstantiated

Complaint #201809556, November 2018
Allegation: Force: Physical force
Complainant: Black Male, 20
CCRB Conclusion: Closed - Pending Litigation
additional details

Complaint #201807540, August 2018
Allegation: Abuse of Authority: Refusal to provide name
Complainant: Black Male, 42
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide name
Complainant: Black Male, 42
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide shield number
Complainant: Black Male, 42
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide shield number
Complainant: Black Male, 42
CCRB Conclusion: Substantiated (Command Lvl Instructions)
NYPD Conclusion: Filed
Penalty: Resigned
additional details

Complaint #201800599, January 2018
Allegation: Force: Physical force
Complainant: Black Male, 24
CCRB Conclusion: Closed - Pending Litigation
additional details

Complaint #201809556, November 2018
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 20 Closed - Pending Litigation
additional details
Complaint #201807540, August 2018
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name Black Male, 42 Unsubstantiated
Abuse of Authority: Refusal to provide name Black Male, 42 Unsubstantiated
Abuse of Authority: Refusal to provide shield number Black Male, 42 Unsubstantiated
Abuse of Authority: Refusal to provide shield number Black Male, 42 Substantiated (Command Lvl Instructions)
NYPD Conclusion: Filed
Penalty: Resigned
additional details
Complaint #201800599, January 2018
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 24 Closed - Pending Litigation
additional details

Conclusion Meanings:

'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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

Marcellin, Sean vs City of New York, et al.
Case # 19CV02076, U.S. District Court - Eastern District NY, July 9, 2019, ended December 21, 2019
$30,000 Settlement
Complaint
Description: On January 11, 2018, Plaintiff Sean Marcellin, an employee of Enterprise Rent-A-Car, was driving one of their rental cars to a car wash when he passed by an unmarked police car. As he passed, he noticed that Defendant Officers Berkowitz, Devane, and Mercurio were staring at him from inside the vehicle. The unmarked police car then began tailing Mr. Marcellin and eventually pulled his car over. As Mr. Marcellin pulled over, he signaled to a nearby bystander, who began to record the incident. Defendant Officer Berkowitz approached the car and demanded that Mr. Marcellin produce his license. Mr. Marcellin mistakenly produced his learner's permit instead of his license, at which point he was threatened by Defendant...