Phillip M. Pena

Phillip M. Pena

Phillip M. Pena
Badge #3923, Hispanic Male, 36
Detective Grade 3 at Warrant Section since November 2018, active
Also served at Police Service Area 7
Service started January 2014, made $176,000 last year, Tax #956156

Substantiated Allegations:
Abuse of Authority: Stop (2)

Lawsuit settlements:
$28,000   Stewart, Isaiah vs City of New York, et al., 2018 BCSC BCSC 028439/2018E
$79,000   W.,s. and W.,k. By Mng Walker, Mortia vs City of New York, et al., 2018 SDNY SDNY 18CV04815
$20,940   Mcmillian, Andrew vs City of New York, et al., 2018 BCSC BCSC 030034/2017E
$7,500   Nieves, Anibal vs City of New York, et al., 2017 BCSC BCSC 029290/2017E
$75,000   M.b., an Infant By Fng Tavarez, Edwin, et al. vs City of New York, et al., 2017 BCSC BCSC 026212/2017E
$175,000   Oyola, Jose vs City of New York, et al., 2016 BCSC BCSC 302294/2016
View Details

Complaints

5 Complaints
22 Allegations
2 Substantiated
2 Substantiated (Command Discipline B)
1 Closed - Pending Litigation
1 Complainant Uncooperative
10 Unable to Determine
2 Unfounded
5 Unsubstantiated
1 Within NYPD Guidelines

Complaint #202303408, April 2023
Allegation: Abuse of Authority: Property damaged
Complainant: Black Male, 60-64
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Black Male, 60-64
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Black Male, 60-64
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Refusal to show search warrant
Complainant: Black Male, 60-64
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Refusal to show arrest warrant
Complainant: Black Male, 60-64
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Female, 50-54
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Unable to Determine
additional details

Complaint #202103682, June 2021
Allegation: Abuse of Authority: Obstructed Shield Number
Complainant: Female, 25-29
CCRB Conclusion: Unfounded
additional details

Complaint #201906483, July 2019
Allegation: Abuse of Authority: Property damaged
Complainant: White Female, 60
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201706642, August 2017
Allegation: Force: Vehicle
Complainant: Black Male, 13
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 16
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 13
CCRB Conclusion: Substantiated (Command Discipline B)
Penalty: Formalized Training
Documents: Complaint Closing Report
additional details

Complaint #201705231, June 2017
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 32
CCRB Conclusion: Closed - Pending Litigation
Allegation: Abuse of Authority: Stop
Complainant: Female, 24
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #202303408, April 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Property damaged Black Male, 60-64 Unable to Determine
Abuse of Authority: Entry of Premises Unable to Determine
Abuse of Authority: Search of Premises Unable to Determine
Abuse of Authority: Failure to provide RTKA card Black Male, 60-64 Unable to Determine
Abuse of Authority: Failure to provide RTKA card Black Male, 60-64 Within NYPD Guidelines
Abuse of Authority: Entry of Premises Unable to Determine
Abuse of Authority: Search of Premises Unable to Determine
Abuse of Authority: Entry of Premises Unable to Determine
Abuse of Authority: Refusal to show search warrant Black Male, 60-64 Unable to Determine
Abuse of Authority: Refusal to show arrest warrant Black Male, 60-64 Unable to Determine
Abuse of Authority: Failure to provide RTKA card Female, 50-54 Unfounded
Abuse of Authority: Search of Premises Unable to Determine
additional details
Complaint #202103682, June 2021
Allegation Complainant CCRB Conclusion
Abuse of Authority: Obstructed Shield Number Female, 25-29 Unfounded
additional details
Complaint #201906483, July 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Property damaged White Female, 60 Unsubstantiated
Abuse of Authority: Search of Premises Unsubstantiated
Abuse of Authority: Entry of Premises Unsubstantiated
Abuse of Authority: Search of Premises Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201706642, August 2017
Allegation Complainant CCRB Conclusion
Force: Vehicle Black Male, 13 Unsubstantiated
Abuse of Authority: Stop Black Male, 16 Substantiated (Command Discipline B)
Abuse of Authority: Stop Black Male, 13 Substantiated (Command Discipline B)
Penalty: Formalized Training
Documents: Complaint Closing Report
additional details
Complaint #201705231, June 2017
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 32 Closed - Pending Litigation
Abuse of Authority: Stop Female, 24 Complainant Uncooperative
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.
'Unable to Determine': CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.
'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.
'Within NYPD Guidelines': The alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusion definitions.


Lawsuits

Named in 9 known lawsuits, $385,440 total settlements.

Jimenez, Anthony vs City of New York, et al.
Case # 023628/2020E, Supreme Court - Bronx, June 1, 2020, ended May 7, 2021
Zero Disposition

Jimenez, Anthony vs City of New York, et al.
Case # 022611/2019E, Supreme Court - Bronx, March 18, 2019

Chavis, Martin as Proposed Administrator of The Estate of Decedent, Chavis Malik, et al. vs City of New York, et al.
Case # 021434/2019E, Supreme Court - Bronx, March 8, 2019, ended May 31, 2021
Zero Disposition

Stewart, Isaiah vs City of New York, et al.
Case # 028439/2018E, Supreme Court - Bronx, August 15, 2018, ended April 29, 2019
$28,000 Settlement

W.,s. and W.,k. By Mng Walker, Mortia vs City of New York, et al.
Case # 18CV04815, U.S. District Court - Southern District NY, June 8, 2018, ended March 3, 2021
$79,000 Settlement
Complaint
Description: While running an errand for their mother, minor Plaintiffs were assaulted, handcuffed, and searched by Defendant Officers. After not finding anything, Plaintiffs were released, but sustained injuries and needed to go to the hospital the next day.

Mcmillian, Andrew vs City of New York, et al.
Case # 030034/2017E, Supreme Court - Bronx, January 11, 2018, ended January 31, 2019
$20,940 Settlement

Nieves, Anibal vs City of New York, et al.
Case # 029290/2017E, Supreme Court - Bronx, October 5, 2017, ended February 26, 2020
$7,500 Settlement

M.b., an Infant By Fng Tavarez, Edwin, et al. vs City of New York, et al.
Case # 026212/2017E, Supreme Court - Bronx, July 24, 2017, ended April 25, 2018
$75,000 Settlement

Oyola, Jose vs City of New York, et al.
Case # 302294/2016, Supreme Court - Bronx, July 12, 2016, ended July 14, 2017
$175,000 Settlement