Andrew J. Hillery

Former Deputy Inspector at Strategic Response Group
Service started March 2000, ended August 2022, Tax #925457
White Male

Substantiated Allegations:
Force: Physical force

Lawsuit Settlements:
$167,500   Bensmaine, Christophe vs Police, Dept Of, Nyc, 2021 SDNY SDNY 21CV04816
$30,000   Alpha, Issac vs City of New York, et al., 2013 SDNY SDNY 13CV05466
$30,000   Matthews, Elaine vs City of New York, et al., 2013 EDNY EDNY 13CV01203
$45,000   Seda, Daniel vs City of New York, et al., 2012 EDNY EDNY 12CV04628
$135,000   Seton, Carl, et Al vs City of New York, et al., 2012 EDNY EDNY 12CV03978
$36,000   Gibson, Elizabeth, et Al vs City of New York, et al., 2012 EDNY EDNY 12CV04114
$30,000   Smirnov, Alexander vs City of New York, et al., 2012 EDNY EDNY 12CV03227
$25,000   Garcia, Taina vs City of New York, et al., 2012 EDNY EDNY 12CV01737
$50,000   Stewart, Sean vs City of New York, et al., 2012 EDNY EDNY 12CV00750
$75,000   Marsala, Margaret, et Al vs City of New York, et al., 2011 EDNY EDNY 11CV05612
$40,000   Davis et al v. City Of New York et al, EDNY EDNY 10CV01260
$70,000   Brown et al v. City Of New York et al, EDNY EDNY 11CV02277
$38,000   Gbor v. The City of New York et al, EDNY EDNY 11CV02824
$15,000   O.M. v. City of New York et al, EDNY EDNY 11CV04720
$15,000   Stephens v. City of New York et al, EDNY EDNY 11CV05281
$70,000   Heyward v. City of New York et al, EDNY EDNY 12CV05783
$22,500   A.C. et al v. The City of New York et al, SDNY SDNY 10CV08438
$17,250   Offley v. The City of New York et al, SDNY SDNY 11CV09214
View Details

Complaints

6 Complaints
8 Allegations
1 Substantiated
1 Substantiated (Command Discipline B)
5 Exonerated
2 Unsubstantiated

Complaint #202005051, July 2020
Allegation: Force: Physical force
Complainant: Black Female, 21-24
CCRB Conclusion: Substantiated (Command Discipline B)
Penalty: Retired
Documents: CCRB Annual Report
Complaint Closing Report
additional details

Complaint #202004096, May 2020
Allegation: Force: Physical force
Complainant: White Male, 35-39
CCRB Conclusion: Exonerated
Documents: Complaint Closing Report
additional details

Complaint #201012951, September 2010
Allegation: Force: Physical force
Complainant: White Male, 29
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: White Male, 29
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201007937, June 2010
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 23
CCRB Conclusion: Exonerated
Documents: Complaint Closing Report
additional details

Complaint #200818654, December 2008
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Male, 24
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 24
CCRB Conclusion: Exonerated
Documents: Complaint Closing Report
additional details

Complaint #200808569, May 2008
Allegation: Abuse of Authority: Strip-searched
Complainant: White Male, 38
CCRB Conclusion: Exonerated
Documents: Complaint Closing Report
additional details

Complaint #202005051, July 2020
Allegation Complainant CCRB Conclusion
Force: Physical force Black Female, 21-24 Substantiated (Command Discipline B)
Penalty: Retired
Documents: CCRB Annual Report
Complaint Closing Report
additional details
Complaint #202004096, May 2020
Allegation Complainant CCRB Conclusion
Force: Physical force White Male, 35-39 Exonerated
Documents: Complaint Closing Report
additional details
Complaint #201012951, September 2010
Allegation Complainant CCRB Conclusion
Force: Physical force White Male, 29 Unsubstantiated
Discourtesy: Word White Male, 29 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201007937, June 2010
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Black Male, 23 Exonerated
Documents: Complaint Closing Report
additional details
Complaint #200818654, December 2008
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Black Male, 24 Exonerated
Abuse of Authority: Threat of force (verbal or physical) Black Male, 24 Exonerated
Documents: Complaint Closing Report
additional details
Complaint #200808569, May 2008
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched White Male, 38 Exonerated
Documents: Complaint Closing Report
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.
'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 19 known lawsuits, $911,250 total settlements.

Wright, Hillary vs City of Ny, et al.
Case # 154194/2022, Supreme Court - New York, May 26, 2022
Complaint
Description: On February 12, 2021, Hillary Wright was assaulted by several NYPD officers while attending a demonstration for Black lives. The officers charged at Wright and piled on top of her, inhibiting her breathing, and then yanked her from the ground by her arms and transported her to NYPD's 7th Precinct. The officers did not have a warrant for Ms. Wright's arrest and did not have individualized probable cause to seize, detain, or arrest her. Despite this incident taking place during the COVID-19 pandemic, the officers mocked Ms. Wright for requesting that they wear masks while sitting in an enclosed environment with her. Ms. Wright was held overnight until she was eventually released with a Desk Appearance Ticket. D...

Bensmaine, Christophe vs Police, Dept Of, Nyc
Case # 21CV04816, U.S. District Court - Southern District NY, June 2, 2021, ended August 15, 2023
$167,500 Settlement
Complaint
Description: On May 30, 2020, plaintiff Christophe Bensmaine was running errands when he noticed a police brutality protest in the wake of the George Floyd murder and decided to join. The demonstration was orderly and calm, however more police started to arrive to the protest and by 5:25 PM there were fifty police officers including all named defendants, Inspector Dowling, Deputy Inspector Hillery, PO Cascio, PO Cirikiovich, PO Dottavio, PO Johnson, PO Monestine, PO Mosquera, PO Olivares, and PO Singh. At about 5:27 PM, the PO's made an inaudible annoucement over a loudspeaker as Bensmaine noticed other protestors continue to make their way toward 47th street where the officers were located. At 5:27 PM, Bensmaine was in a...

Alpha, Issac vs City of New York, et al.
Case # 13CV05466, U.S. District Court - Southern District NY, August 15, 2013, ended September 10, 2014
$30,000 Settlement
Complaint, Order, Second Amended Complaint
Description: On August 18, 2009, plaintiff Isaac Alpha was lawfully present in Staten Island. He was approached by defendant NYPD Detective John Brooks and several other identified NYPD officers, who accosted and assaulted him before arresting him and detaining him. While he was detained, an unknown officer submitted false charges to the DA intended to cover up the wrongful arrest and gain unauthorized overtime pay. Plaintiff had to make several court appearances to respond to these charges before they were dismissed in May 2013. Also, on February 7, April 20, and August 24, 2010, plaintiff was lawfully present in Staten Island when he was approached by defendant NYPD Officers Leon Lewis, Andrew Fago, and Skye Morales, res...

Matthews, Elaine vs City of New York, et al.
Case # 13CV01203, U.S. District Court - Eastern District NY, March 14, 2013, ended October 28, 2013
$30,000 Settlement
Complaint, First Amended Complaint
Description: On August 27, 2010, Defendant Officers Hillery, Fago, Rivera, Fried, Brooks, Hernandez, Meigs, Sanchez, and Sposito all unlawfully entered Plaintiff's apartment without either consent, an arrest warrant, a lawful search warrant, probable cause, or reasonable suspicion that Plaintiff (or any third person) had committed a crime. Plaintiff lives with her daughter and both were awoken when said Defendant Officers rushed through her front door. After entering the apartment, Plaintiff and her daughter were not free to leave or disregard any questions. Plaintiff was intentionally struck and knocked into her refrigerator; one Defendant Officer grabbed Plaintiff by the neck and threw her to the floor; another Defendant ...

Seda, Daniel vs City of New York, et al.
Case # 12CV04628, U.S. District Court - Eastern District NY, September 25, 2012, ended November 19, 2013
$45,000 Settlement
Bailey, David 2012.pdf

Seton, Carl, et Al vs City of New York, et al.
Case # 12CV03978, U.S. District Court - Eastern District NY, August 28, 2012, ended June 7, 2013
$135,000 Settlement
12-cv-03978-complaint.pdf
Description: Officers falsely arrested Plaintiff and brought him to the 120th precinct after they saw him retrieve an oxycodone pill from his car. Delprete made the false allegations. Case was dismissed and sealed. Second incident: Plaintiff was parking at his home when officers rushed up and searched the car, finding prescription oxycodone and alprazolam. When Plaintiff asked a neighbor to go get his prescription which officers ignored and arrested Plaintiff and his wife. Luppino filed false charges which were dismissed.

Gibson, Elizabeth, et Al vs City of New York, et al.
Case # 12CV04114, U.S. District Court - Eastern District NY, August 28, 2012, ended March 5, 2013
$36,000 Settlement
Gibson Complaint 12 cv 4114.pdf

Smirnov, Alexander vs City of New York, et al.
Case # 12CV03227, U.S. District Court - Eastern District NY, July 18, 2012, ended August 19, 2013
$30,000 Settlement
12-cv-03227-complaint.pdf
Description: Officer stopped and searched Plaintiff in front of his home and recovered a legally prescribed Alprazolam pill. However, Officers Cognato and Desantis arrested, detained, and falsely charged Plaintiff. Hillery failed to intervene.

Garcia, Taina vs City of New York, et al.
Case # 12CV01737, U.S. District Court - Eastern District NY, April 24, 2012, ended October 11, 2012
$25,000 Settlement

Stewart, Sean vs City of New York, et al.
Case # 12CV00750, U.S. District Court - Eastern District NY, February 28, 2012, ended May 22, 2014
$50,000 Settlement
12-cv-00750-PKC-CLP.pdf, Complaint

Marsala, Margaret, et Al vs City of New York, et al.
Case # 11CV05612, U.S. District Court - Eastern District NY, November 30, 2011, ended October 5, 2017
$75,000 Settlement
First Amended Complaint, Second Amended Complaint

Davis et al v. City Of New York et al
Case # 10CV01260, U.S. District Court - Eastern District NY
$40,000 Settlement
Amended Complaint

Brown et al v. City Of New York et al
Case # 11CV02277, U.S. District Court - Eastern District NY
$70,000 Settlement
Amended Complaint, Stipulation

Gbor v. The City of New York et al
Case # 11CV02824, U.S. District Court - Eastern District NY
$38,000 Settlement
Second Amended Complaint, Stipulation

O.M. v. City of New York et al
Case # 11CV04720, U.S. District Court - Eastern District NY
$15,000 Settlement
Amended Complaint
Description: Officers broke into apartment with guns drawn, pushed plaintiff on floor and handcuffed him. Plaintiff was imprisoned at 120th precinct until given a Family Court Appearance Ticket. Charges were dismissed and case was sealed

Stephens v. City of New York et al
Case # 11CV05281, U.S. District Court - Eastern District NY
$15,000 Settlement
Complaint

Heyward v. City of New York et al
Case # 12CV05783, U.S. District Court - Eastern District NY
$70,000 Settlement
Amended Complaint
Description: Plaintiff's car was stopped by Officers Hillery, Fanizzi, and Litrell and he was handcuffed, falsely arrested, and taken to the 120th PCT. All charges against him were dismissed. On a second occasion, defendant officers Mitchell and Costello stopped and falsely arrested Plaintiff without cause. The DA declined to prosecute Plaintiff.

A.C. et al v. The City of New York et al
Case # 10CV08438, U.S. District Court - Southern District NY
$22,500 Settlement
Order

Offley v. The City of New York et al
Case # 11CV09214, U.S. District Court - Southern District NY
$17,250 Settlement
First Amended Complaint, Stipulation

Other Documents