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.
'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.
Named in 3 known lawsuits, $5,500 total settlements.
Duna, Alex vs City of New York, et al.
Case # 033626/2018E,
Supreme Court - Bronx, December 4, 2018
Duna, Alex vs City of New York, et al.
Case # 450559/2019,
Supreme Court - New York, December 4, 2018, ended May 7, 2020
$3,000 Settlement
Complaint
Description: On September 2, 2017, Plaintiff was lawfully at the subway station at Avenue of the Americas and West 42nd St, NY, NY. Defendant Montero and several other officers arrived at the location on duty. Defendants seized and questioned Plaintiff. Plaintiff was arrested, placed in handcuffs, and transported to the station house of the Transit Division where he was searched and detained for several hours. Plaintiff was held for several hours at the stationhouse before he was transported to New York Central Booking where he was held for several additional hours before he was arraigned on a criminal complaint containing false allegations, which Montero knew was false. Plaintiff was charged with one count of exposure of a...
Schwartz, Anshel vs City of New York, et al.
Case # 14CV05389,
U.S. District Court - Southern District NY, August 14, 2014, ended October 27, 2014
$2,500 Settlement
Complaint
Description: On July 21, 2013, Anshel Schwartz was falsely accused by Helene Boss of passing bad checks at a flea market operated by Annex Antique Fair & Flea Market Inc. Boss, along with her employee, physically detained Schwartz and assaulted him. NYPD officers, including Officer Rosario Montero and John Doe #1, arrived at the scene and, without properly investigating Schwartz's explanations or his physical assault allegations, arrested him. Montero handcuffed Schwartz tightly, conducted a search removing all items from his pockets, and took him to the NYPD 13th Precinct. Despite finding no checks on Schwartz and him having $4,218 in cash, he was further searched, and his personal items were confiscated. Schwartz was deta...