Heriberto Hernandez

Badge #1584, Hispanic Male
Former Sergeant at World Trade Center Command
Also served at Police Service Area 1, 62nd Precinct
Service started July 2003, ended February 2026, Tax #932167

Substantiated Allegations:
Force: Nightstick as club (incl asp & baton)
Force: Physical force
Abuse of Authority: Failure to provide RTKA card
Abuse of Authority: Threat of force (verbal or physical) (2)
Discourtesy: Action

Discipline Cases:

Case: 2023-28548
Closed: 7/1/2023
Case: 2022-25397
Closed: 7/23/2022
Case: 2022-25397
Closed: 7/23/2022
Case: 2021-24225
Closed: 1/15/2022
Case: 2010-2433
Closed: 2/22/2011
Employment History Summary

View Details

Lawsuit Settlements:
$150,000   Abdelbaky, Abdelalim vs City of Ny, et al., 2023 NYCSC NYCSC 154243/2023
$150,001   Rodney, Patricia vs City of Ny, et al., 2022 SDNY SDNY 22CV01445
View Details

Complaints

13 Complaints
27 Allegations
6 Substantiated
1 Substantiated (Command Lvl Instructions)
2 Substantiated (Charges)
3 Substantiated (Command Discipline B)
8 Complainant Uncooperative
4 Exonerated
1 Unfounded
8 Unsubstantiated

Complaint #202203080, December 2020
Allegation: Discourtesy: Action
Complainant: White Female, 55-59
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Force: Physical force
Complainant: White Female, 55-59
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Closed: SOL Expired prior to APU
APU Case Status: Closed: SOL Expired prior to APU, August 1, 2023
Documents: APU Quarterly Report summary
Complaint Closing Report
additional details

Complaint #202006271, August 2020
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 30-34
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of summons
Complainant: Hispanic Male, 30-34
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Hispanic Male, 30-34
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 30-34
CCRB Conclusion: Unfounded
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
Documents: Complaint Closing Report
additional details

Complaint #201909948, November 2019
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Male
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
Documents: Complaint Closing Report
additional details

Complaint #201906513, July 2019
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: White Female, 35
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Forcible Removal to Hospital
Complainant: White Female, 35
CCRB Conclusion: Exonerated
Allegation: Offensive Language: Other
Complainant: White Female, 35
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201903480, February 2019
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Male, 51
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Hispanic Male, 51
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Penalty: Instructions
Documents: Complaint Closing Report
additional details

Complaint #201900523, January 2019
Allegation: Abuse of Authority: Strip-searched
Complainant: Male, 29
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Male, 29
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201509182, October 2015
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Male, 33
CCRB Conclusion: Complainant Uncooperative
Allegation: Discourtesy: Word
Complainant: Black Male, 33
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201406034, June 2014
Allegation: Force: Physical force
Complainant: Male, 24
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201310550, November 2013
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 23
CCRB Conclusion: Complainant Uncooperative
Allegation: Force: Physical force
Complainant: Black Male, 23
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200907980, May 2009
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: Black Male, 39
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: Charges and Specifications - Guilty
Penalty: Vacation: 5 days
additional details

Complaint #200809907, July 2008
Allegation: Force: Gun Pointed
Complainant: Black Male, 46
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200710231, July 2007
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 33
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Question
Complainant: Black Male, 33
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 33
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200612879, September 2006
Allegation: Force: Chokehold
Complainant: Black Female, 18
CCRB Conclusion: Complainant Uncooperative
Allegation: Offensive Language: Race
Complainant: Black Female, 18
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #202203080, December 2020
Allegation Complainant CCRB Conclusion
Discourtesy: Action White Female, 55-59 Substantiated (Command Discipline B)
Force: Physical force White Female, 55-59 Substantiated (Charges)
NYPD Conclusion: APU Closed: SOL Expired prior to APU
APU Case Status: Closed: SOL Expired prior to APU, August 1, 2023
Documents: APU Quarterly Report summary
Complaint Closing Report
additional details
Complaint #202006271, August 2020
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Male, 30-34 Unsubstantiated
Abuse of Authority: Threat of summons Hispanic Male, 30-34 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Hispanic Male, 30-34 Substantiated (Command Discipline B)
Discourtesy: Word Hispanic Male, 30-34 Unfounded
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
Documents: Complaint Closing Report
additional details
Complaint #201909948, November 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of force (verbal or physical) Male Substantiated (Command Discipline B)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
Documents: Complaint Closing Report
additional details
Complaint #201906513, July 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Entry of Premises Exonerated
Force: Physical force White Female, 35 Exonerated
Abuse of Authority: Forcible Removal to Hospital White Female, 35 Exonerated
Offensive Language: Other White Female, 35 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201903480, February 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Hispanic Male, 51 Exonerated
Abuse of Authority: Failure to provide RTKA card Hispanic Male, 51 Substantiated (Command Lvl Instructions)
Penalty: Instructions
Documents: Complaint Closing Report
additional details
Complaint #201900523, January 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Male, 29 Complainant Uncooperative
Abuse of Authority: Threat of force (verbal or physical) Male, 29 Complainant Uncooperative
additional details
Complaint #201509182, October 2015
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name/shield number Black Male, 33 Complainant Uncooperative
Discourtesy: Word Black Male, 33 Complainant Uncooperative
additional details
Complaint #201406034, June 2014
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 24 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201310550, November 2013
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Black Male, 23 Complainant Uncooperative
Force: Physical force Black Male, 23 Complainant Uncooperative
additional details
Complaint #200907980, May 2009
Allegation Complainant CCRB Conclusion
Force: Nightstick as club (incl asp & baton) Black Male, 39 Substantiated (Charges)
NYPD Conclusion: Charges and Specifications - Guilty
Penalty: Vacation: 5 days
additional details
Complaint #200809907, July 2008
Allegation Complainant CCRB Conclusion
Force: Gun Pointed Black Male, 46 Unsubstantiated
additional details
Complaint #200710231, July 2007
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 33 Unsubstantiated
Abuse of Authority: Question Black Male, 33 Unsubstantiated
Abuse of Authority: Search (of person) Black Male, 33 Unsubstantiated
additional details
Complaint #200612879, September 2006
Allegation Complainant CCRB Conclusion
Force: Chokehold Black Female, 18 Complainant Uncooperative
Offensive Language: Race Black Female, 18 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.

Further details on conclusions.


Discipline

Case: 2023-28548
Closed: 7/1/2023
Case Details:
  1. Wrongfully discourteous toward an individual known to the Department.
  2. Wrongfully used physical force.
Recommendation: Charges and Specifications

Case: 2022-25397
Closed: 7/23/2022
Case Details:
  1. Wrongful threat of force.
Recommendation: Command Discipline - B

Case: 2022-25397
Closed: 7/23/2022
Case Details:
  1. Wrongful threat of force.
Recommendation: Command Discipline - B

Case: 2021-24225
Closed: 1/15/2022
Case Details:
  1. Failed to make required entries in Department logs.
Recommendation: Other

Case: 2010-2433
Employment History Summary
Closed: 2/22/2011
Case Details:
  1. Guilty: While on duty, did use physical force against a person known to the Department without having police necessity to do so.
Penalty: Vacation days (5 days)


Lawsuits

Named in 2 known lawsuits, $300,001 total settlements.

Abdelbaky, Abdelalim vs City of Ny, et al.
Case # 154243/2023, Supreme Court - New York, May 11, 2023, ended December 16, 2025
$150,000 Settlement
Complaint
Description: On June 12, 2022, the plaintiff, ABDELALIM ABDELBAKY was at Church Street, at or near its intersection with Fulton Street, in the County of New York, City and State of New York, by defendant officers SERGEANT HERIBERTO HERNANDEZ, P.O. CHRISTOPHER MCCUMBER, P.O. JUSTIN VALENTIN, JOHN DOES 1-3. The plaintiff arrived at the aforementioned location at approximately 7 A.M. for purposes of selling food from a mobile food truck, in which he had a permit/license to do so. Plaintiff was thereafter approached by the defendant and/or defendants, and was asked for identification. That the plaintiff attempted to give the aforementioned defendants, his identification whereby he was attacked, assaulted, and beaten by the sai...

Rodney, Patricia vs City of Ny, et al.
Case # 22CV01445, U.S. District Court - Southern District NY, February 23, 2022, ended January 15, 2025
$150,001 Settlement
Complaint

Other Documents

NYPD Trial Decision 2/5/2013
DA Disclosure Letter