Phillip M. Pena

Phillip M. Pena

Phillip M. Pena
Badge #3923, Hispanic Male, 39
Detective Grade 3 at Warrant Section since November 2018
Also served at Police Service Area 7
Service started January 2014, made $210,000 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

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

Complaint #202501236, February 2025
Allegation: Abuse of Authority: Entry of Premises
Complainant: Black Female, 40-44
CCRB Conclusion: Unable to Determine
additional details

Complaint #202500943, April 2024
Allegation: Force: Physical force
Complainant: Male, 25-29
CCRB Conclusion: Closed - Pending Litigation
additional details

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
Documents: Complaint Closing Report
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
Documents: Complaint Closing Report
additional details

Complaint #202501236, February 2025
Allegation Complainant CCRB Conclusion
Abuse of Authority: Entry of Premises Black Female, 40-44 Unable to Determine
additional details
Complaint #202500943, April 2024
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 25-29 Closed - Pending Litigation
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
Documents: Complaint Closing Report
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
Documents: Complaint Closing Report
additional details

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unable to Determine': The alleged conduct was investigated but could not determine 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' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.
'Within NYPD Guidelines': The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusions.


Lawsuits

Named in 10 known lawsuits, $385,440 total settlements.

Kidd, Kashalema vs City of Ny, et al.
Case # 805464/2025E, Supreme Court - Bronx, March 14, 2025

Jimenez, Anthony vs City of New York, et al.
Case # 023628/2020E, Supreme Court - Bronx, June 1, 2020, ended May 7, 2021
Zero Disposition
Complaint
Description: On March 11, 2018, Plaintiff ANTHONY JIMENEZ was illegally stopped, searched, detained and subjected to excessive force by defendants POLICE OFFICER JOSE CORDERO, POLICE OFFICER NICOLAS RIOS, POLICE OFFICER RONALD FREEMAN, POLICE OFFICER JOHN PENA, and POLICE OFFICER JOHN GOMEZ. Plaintiff was arrested by defendants without cause or justification. Plaintiff 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. Plaintiff sustained physical and emotional pain and injuries as a result of this incident.

Jimenez, Anthony vs City of New York, et al.
Case # 022611/2019E, Supreme Court - Bronx, March 18, 2019
Complaint
Description: On or about March 11, 2018, at approximately 1:10 a.m. at the sidewalk located opposite 1357 Boston Road, Bronx, New York, the plaintiff, although lawfully and properly on the sidewalk, was forcibly, violently and unlawfully, stopped, grabbed and violently thrown onto the ground and then handcuffed in a demeaning manner and assaulted and battered in front of the public, threatened and illegally placed under arrest and imprisoned by defendant POs Jose Cordero (Badge No: 14899), Nicolas Rios (Badge No: 6583), "John" Pena and "John" Gomez. During this incident, the officers struck the plaintiff with night sticks and/or large flashlights. Defendant POs also searched plaintiff, and such search did not reveal any i...

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
Complaint
Description: On or about February 4, 2016, Plaintiff/Decedent was lawfully within the vicinity of a residence when POs Pena, Descue, Espeut, and Cruz, Detective Simms, and unidentified POs unlawfully stopped and detained Decedent, assaulted and battered the Decedent using excessive force, and were indifferent to the medical needs of Decedent. Defendants had neither a warrant nor probable cause to arrest Decedent. Decedent then died on February 4, 2016, and Defendants' conduct was a direct and proximate cause of Decedent's death.

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
Complaint
Description: On or about April 28, 2017, the plaintiff was improperly stopped, detained, questioned, arrested, assaulted and confined by P.O. Felix Baez, Phillip Pena and other officers without a warrant, justification or reason. During the arrest of plaintiff, defendants did utilize excessive force. The plaintiff suffered an unjust prosecution initiated without probable cause. All criminal charges brought against plaintiff were dismissed on April 25, 2018, in plaintiff's favor.

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
Complaint
Description: On or about October 14, 2016, Andrew McMillian was approached by New York Police Department officers following reports of suspected drug-related activity in the vicinity. Officer John Doe #1 initiated physical contact, striking McMillian multiple times despite McMillian not displaying any signs of aggression. Officer John Doe #2 restrained McMillian's arms, preventing him from shielding himself from further blows. Officer John Doe #3 stood close by, observing the situation without intervening. The force applied by Officer John Doe #1 resulted in severe bruising and emotional distress for McMillian. Additionally, Officer John Doe #4 and Officer John Doe #5 were stationed around the scene, maintaining a watchful ...

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
Complaint
Description: On or about July 12, 2016, several unknown Defendant officers physically seized, struck, and restrained Plaintiff without any warrant or legal justification. Plaintiff was arrested and taken into police custody and charged with several crimes. Plaintiff's case was dismissed 10 hours later.

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
Complaint
Description: On or about August 13, 2016, unknown Defendant NYPD officers improperly arrested four minors and one of their mothers, all the Plaintiffs. The arrests occurred without any basis in law or fact. The arrests of Plaintiffs were based on false accusations. All criminal proceedings against Plaintiffs terminated in favor of the Plaintiffs.

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