Josue Marcelin

Badge #5026, Black Male
Former Detective Grade 3 at Narcotics Borough Bronx
Service started July 2006, ended January 2025, Tax #942120

Lawsuit Settlements:
$41,000   Mccallum, Douglas vs Police Dept, Nyc, 2022 SDNY SDNY 22CV00081
$1,250,000   Rosario, Laura vs City of New York, et al., 2021 BCSC BCSC 035791/2020
$25,000   Castillo, Jean Carlos vs City of New York, et al., 2020 BCSC BCSC 025352/2020E
$40,000   Sutton, Delores vs City of New York, et al., 2019 BCSC BCSC 029154/2019E
$22,500   Jones, Ralph vs City of New York, et al., 2018 BCSC BCSC 021958/2018E
$45,000   Smalls, Melvin, et al. vs City of New York, et al., 2018 BCSC BCSC 021953/2018E
$12,000   Gibbons, Tariq vs City of New York, et al., 2017 SDNY SDNY 17CV09100
$67,839   Cruz, Juan, et al. vs City of New York, et al., 2017 BCSC BCSC 029678/2017E
$27,500   Sanchez, Luis vs City of New York, et al., 2016 BCSC BCSC 028117/2016E
$35,000   Galan, Carlos vs City of New York, et al., 2016 BCSC BCSC 303323/2016
$17,500   Harris, Khalid vs City of New York, et al., 2014 BCSC BCSC 304009/2014
$7,500   Brown, Jessica vs City of New York, et al., 2014 BCSC BCSC 021228/2014
View Details

Complaints

8 Complaints
12 Allegations
0 Substantiated
2 Alleged Victim Unavailable
4 Complainant Uncooperative
1 Exonerated
5 Unsubstantiated

Complaint #201505475, July 2015
Allegation: Discourtesy: Word
Complainant: Hispanic Female, 19
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Threat of arrest
Complainant: Hispanic Female, 19
CCRB Conclusion: Complainant Uncooperative
Allegation: Force: Physical force
Complainant: Hispanic Male
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201503675, May 2015
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 47
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to show search warrant
Complainant: Hispanic Male, 47
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201300474, December 2012
Allegation: Force: Physical force
Complainant: Black Female, 23
CCRB Conclusion: Alleged Victim Unavailable
additional details

Complaint #200817627, December 2008
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Hispanic Male, 37
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200814353, September 2008
Allegation: Discourtesy: Action
Complainant: Black Female, 53
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Black Female, 53
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200802488, February 2008
Allegation: Force: Physical force
Complainant: Black Female, 46
CCRB Conclusion: Exonerated
additional details

Complaint #200705962, April 2007
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 32
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200703922, March 2007
Allegation: Abuse of Authority: Question and/or stop
Complainant: Black Male, 49
CCRB Conclusion: Alleged Victim Unavailable
additional details

Complaint #201505475, July 2015
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Female, 19 Complainant Uncooperative
Abuse of Authority: Threat of arrest Hispanic Female, 19 Complainant Uncooperative
Force: Physical force Hispanic Male Complainant Uncooperative
additional details
Complaint #201503675, May 2015
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Male, 47 Unsubstantiated
Abuse of Authority: Refusal to show search warrant Hispanic Male, 47 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201300474, December 2012
Allegation Complainant CCRB Conclusion
Force: Physical force Black Female, 23 Alleged Victim Unavailable
additional details
Complaint #200817627, December 2008
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name/shield number Hispanic Male, 37 Complainant Uncooperative
additional details
Complaint #200814353, September 2008
Allegation Complainant CCRB Conclusion
Discourtesy: Action Black Female, 53 Unsubstantiated
Discourtesy: Word Black Female, 53 Unsubstantiated
additional details
Complaint #200802488, February 2008
Allegation Complainant CCRB Conclusion
Force: Physical force Black Female, 46 Exonerated
additional details
Complaint #200705962, April 2007
Allegation Complainant CCRB Conclusion
Abuse of Authority: Frisk Black Male, 32 Unsubstantiated
additional details
Complaint #200703922, March 2007
Allegation Complainant CCRB Conclusion
Abuse of Authority: Question and/or stop Black Male, 49 Alleged Victim Unavailable
additional details

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.
'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.


Lawsuits

Named in 15 known lawsuits, $1,590,839 total settlements.

Mccallum, Douglas vs Police Dept, Nyc
Case # 22CV00081, U.S. District Court - Southern District NY, April 7, 2022, ended August 19, 2024
$41,000 Settlement
Complaint

Rosario, Laura vs City of New York, et al.
Case # 035791/2020, Supreme Court - Bronx, January 14, 2021, ended August 8, 2022
$1,250,000 Settlement

Castillo, Jean Carlos vs City of New York, et al.
Case # 025352/2020E, Supreme Court - Bronx, June 30, 2020, ended February 28, 2022
$25,000 Settlement
Complaint
Description: On September 7, 2019, at approximately 4:00 PM, Plaintiff was in the vicinity of 212 St. Anne's Avenue. Plaintiff was speaking to an acquaintance outside of a deli when he was approached by five unmarked police cars, not using sirens or lights. Plain-clothed officers, including Defendant Marcelin and John and Jane Doe 1-8 exited the vehicles, approached Plaintiff, grabbed him by the arms and placed him under arrest without probable cause. Plaintiff was thereafter falsely charged with unlawful Criminal Sale of Marijuana. Plaintiff did not resist arrest. When Plaintiff asked Defendants why he was being arrested, Defendant officers responded that it was part of an investigation. Plaintiff's acquaintance was arrest...

Sutton, Delores vs City of New York, et al.
Case # 029154/2019E, Supreme Court - Bronx, September 24, 2019, ended May 19, 2020
$40,000 Settlement
Complaint
Description: On May 11, 2018, at the front of 2330 Washington Ave, Bronx, NY, plaintiff was lawfully present exiting her premises when defendants approached and proceeded to stop and question plaintiff. Defendants assaulted, battered and arrested Plaintiff utilizing excessive force. Defendants placed handcuffs upon Plaintiff that were excessively tight and caused pain and injury.

Jones, Ralph vs City of New York, et al.
Case # 021958/2018E, Supreme Court - Bronx, February 22, 2018, ended January 18, 2019
$22,500 Settlement
Complaint
Description: On March 18, 2017, at approximately 4:00 p.m., Ralph Jones was lawfully present in the vicinity of Bathgate Avenue and East Tremont Avenue in the Bronx when NYPD officers, including Officers Jeremy Rodriguez and Josue Marcelin, approached him without any legal justification. The officers stopped, searched, and assaulted Jones, using excessive force in the process. After being detained, he was subjected to a strip search and falsely accused of committing a crime. As a result of the officers' actions, Jones suffered physical injuries and emotional distress, and he was wrongfully prosecuted, ultimately enduring over 24 hours of incarceration before all charges were favorably terminated.

Smalls, Melvin, et al. vs City of New York, et al.
Case # 021953/2018E, Supreme Court - Bronx, February 22, 2018, ended October 3, 2019
$45,000 Settlement
Complaint
Description: On January 16th, 2017, Plaintiffs Smalls and Davis were approached and stopped in the street without probable cause. Defendant Officers Marcelin, Roe, and Doe unlawfully searched and detained Plaintiffs using excessive force in an aggressive physical manner that resulted in physical and emotional injuries. Plaintiffs were then subject to a strip search at the precinct while in Defendants' custody without any justification and held for over 24 hours. After being falsely and maliciously prosecuted for committing a crime, all charges were dismissed for Plaintiffs Smalls and Davis.

Medina, Edgardo vs City of New York, et al.
Case # 021150/2018E, Supreme Court - Bronx, February 7, 2018

Gibbons, Tariq vs City of New York, et al.
Case # 17CV09100, U.S. District Court - Southern District NY, November 27, 2017, ended November 13, 2018
$12,000 Settlement
Complaint
Description: On July 3, 2015, as plaintiff was exiting a bodega, he was grabbed by defendants and thrown against the wall, violently handcuffed and arrested. At no point was he informed of the reasons behind his arrest. Plaintiff was thereafter transported to the 44th precinct. Plaintiff spent 24 hours in custody before being released.

Cruz, Juan, et al. vs City of New York, et al.
Case # 029678/2017E, Supreme Court - Bronx, October 13, 2017, ended October 26, 2018
$67,839 Settlement
Complaint
Description: On August 2, 2016 at approximately 7:00 PM, Plaintiff was lawfully in the vicinity of an apartment building where he was not the leaseholder nor a resident. Without a warrant or probable cause, NYPD Officer Josue Marcelin and 2 other unknown NYPD officers stopped, frisked, searched, grabbed, assaulted, battered, handcuffed and detained Plaintiff in an aggressive and excessive manner. Plaintiff was then subjected to a strip-search while in custody, arraigned and thereafter falsely and maliciously prosecuted based on fraud, perjury and misrepresentations. Plaintiff remained incarcerated for over 24 hours and made numerous court appearances until all charges were terminated favorably on December 1, 2016. As a resu...

Sanchez, Luis vs City of New York, et al.
Case # 028117/2016E, Supreme Court - Bronx, December 5, 2016, ended May 18, 2017
$27,500 Settlement

Galan, Carlos vs City of New York, et al.
Case # 303323/2016, Supreme Court - Bronx, October 21, 2016, ended June 27, 2017
$35,000 Settlement

Harris, Khalid vs City of New York, et al.
Case # 304009/2014, Supreme Court - Bronx, August 4, 2014, ended December 23, 2014
$17,500 Settlement
Complaint

Brown, Brandon vs City of New York, et al.
Case # 021227/2014E, Supreme Court - Bronx, March 27, 2014, ended June 10, 2014
Zero Disposition
Complaint
Description: On or about December 30, 2012, Plaintiff was lawfully in a friend's apartment when he was unlawfully assaulted and battered by several unknown Defendant NYPD officers, including but not limited to officers Marcelin and Barbato. Plaintiff was arrested and detained by the Defendants, and charges were brought against Plaintiff due to false statements by the Defendants.

Williams, Jamaelia vs City of New York, et al.
Case # 021229/2014E, Supreme Court - Bronx, March 27, 2014, ended October 4, 2015
Zero Disposition
Complaint
Description: On or about December 30, 2012, Plaintiff was lawfully in a friend's apartment. Defendant NYPD officers Marcelin and Barbato detained, attacked, and assaulted Plaintiff. The Defendants then intentionally held and restrained Plaintiff without her consent. Plaintiff was then arrested and charged with various crimes due to the false testimony of the Defendants.

Brown, Jessica vs City of New York, et al.
Case # 021228/2014, Supreme Court - Bronx, March 27, 2014, ended June 16, 2015
$7,500 Settlement
Complaint
Description: On or about December 30, 2012 at 1:00am ET, Plaintiff was lawfully present at a NYCHA residence visiting a friend, who was a resident thereof, when Defendant POs MARCELIN and BARBATO detained, attacked, and assaulted Plaintiff. Defendant POs MARCELIN and BARBATO then arrested and imprisoned Plaintiff and charged Plaintiff with various crimes, though Plaintiff had not committed or attempted to commit any crime or illegal act. Defendant POs MARCELIN and BARBATO maliciously prosecuted Plaintiff, which was ongoing as of the time of this complaint.

Other Documents