Ervy Diaz

Former Lieutenant at Police Service Area 2
Also served at US Open Tennis Detail, Field Training Unit, 75th Precinct, Police Service Area 3
Service started July 2003, ended September 2023, Tax #932547
Hispanic Male

Substantiated Allegations:
Abuse of Authority: Refusal to process civilian complaint

Complaints

4 Complaints
9 Allegations
1 Substantiated
1 Substantiated (Command Discipline B)
1 Alleged Victim Uncooperative
1 Complainant Uncooperative
2 Exonerated
1 Unfounded
1 Unsubstantiated
2 Within NYPD Guidelines

Complaint #202204054, June 2022
Allegation: Abuse of Authority: Forcible Removal to Hospital
Complainant: Hispanic Female, 45-49
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Entry of Premises
Complainant: Hispanic Female, 45-49
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #202100436, January 2021
Allegation: Force: Physical force
Complainant: Hispanic Male, 35-39
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Hispanic Female, 40-44
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Hispanic Female, 40-44
CCRB Conclusion: Unfounded
additional details

Complaint #201509988, November 2015
Allegation: Abuse of Authority: Refusal to process civilian complaint
Complainant: Black Male, 34
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Discourtesy: Word
Complainant: Black Male, 34
CCRB Conclusion: Alleged Victim Uncooperative
Penalty: Command Discipline - A
Documents: Complaint Closing Report
Complaint Report
additional details

Complaint #201210620, August 2012
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Male, 17
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #202204054, June 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Forcible Removal to Hospital Hispanic Female, 45-49 Within NYPD Guidelines
Abuse of Authority: Entry of Premises Hispanic Female, 45-49 Within NYPD Guidelines
additional details
Complaint #202100436, January 2021
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 35-39 Exonerated
Abuse of Authority: Threat of arrest Hispanic Female, 40-44 Unsubstantiated
Abuse of Authority: Entry of Premises Exonerated
Abuse of Authority: Threat of force (verbal or physical) Hispanic Female, 40-44 Unfounded
additional details
Complaint #201509988, November 2015
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to process civilian complaint Black Male, 34 Substantiated (Command Discipline B)
Discourtesy: Word Black Male, 34 Alleged Victim Uncooperative
Penalty: Command Discipline - A
Documents: Complaint Closing Report
Complaint Report
additional details
Complaint #201210620, August 2012
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Hispanic Male, 17 Complainant Uncooperative
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.
'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.
'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

Mcleod, Tykwan vs City of New York, et al.
Case # 510359/2017, Supreme Court - Kings, June 1, 2017
Complaint
Description: On or about August 26, 2016, while the Plaintiff was at Kings County Hospital being treated for multiple gunshot wounds, the Defendants strapped and handcuffed Plaintiff to the bed, began to probe and exacerbate his gunshot wounds while questioning him about an unrelated arrest warrant for an open container violation. The use of force engaged in by the Defendants was unreasonably excessive and constituted an assault and battery upon the Plaintiff. As a result, the Plaintiff suffered serious and significant exacerbation of his wounds causing him great discomfort and pain. He was then placed under arrest for resisting arrest and obstructing governmental administration. All charges were dismissed on April 1, 2017.

Other Documents