Named in 5 known lawsuits, $150,000 total settlements.
Burton, Eduardo vs City of New York, et al.
Case # 19CV06677,
U.S. District Court - Eastern District NY, December 24, 2019, ended February 14, 2021
$25,000 Settlement
Complaint
Description: On February 27, 2018, NYPD officers, including Stephen Daly, Matthew Vahey, Patrick Barry, Lenno Hendricks, Shawn Soler, Kenneth Paek, Daniel Keane, Dennis Mogelnicki, Eric Miller, and “John” Richardson, forcibly entered an apartment in which plaintiffs were staying. Officers entered the bedroom, pointed guns at plaintiffs, and handcuffed them. The officers were then joined by NYPD officers John Uske, Captain John Breslin, Sergeant David Cheesewright, Leonard Clarke, Andrew Kamna, Lawrende Hotaling, Kellan O’Neill, Gerard Fenton, and Christopher Griffith. Although the officers knew that plaintiffs did not reside at the apartment and that they were not the target of the search warrant, they continued plaintiffs'...
Jason, Sunil vs City of New York, et al.
Case # 705478/2018,
Supreme Court - Queens, April 30, 2018, ended April 8, 2019
$40,000 Settlement
Wahid, Elawame vs City of New York, et al.
Case # 15CV02869,
U.S. District Court - Eastern District NY, January 14, 2016, ended June 12, 2017
Zero Disposition
Complaint
Description: Officers Dennis Mogelnicki and Humberto Mantuano tightly handcuffed plaintiff to the point where he could not feel his hands, after plaintiff's Astoria home was broken into and one of the robbers died after falling on a knife. The police took plaintiff's money ($6,370). At the precinct, plaintiff was tightly cuffed, "deprived of clothes," deprived of sleep, unable to use the phone, contact a lawyer, or use basic amenities, for 12 hours. While at the precinct, plaintiff was connected with a Yemeni police officer and a translator who did not understand him; plaintiff wrote his account in Arabic and signed "some paper." He was charged with two counts of second degree murder, kidnapping, and weapon possession.
A su...
Chelli, Marcelo vs City of New York, et al.
Case # 13CV07366,
U.S. District Court - Eastern District NY, January 10, 2014, ended September 12, 2014
$25,000 Settlement
Complaint
Description: On August 23, 2013, while plaintiff was seated in his parked car, defendants approached plaintiff with their guns drawn and, without any legal justification or excuse, ordered the plaintiff out of his vehicle. Plaintiff complied and, without justification, was immediately handcuffed by the defendants and placed in their vehicle. The handcuffs were placed excessively tight causing plaintiff to bleed. Despite the absence of any evidence of wrongdoing, the defendants searched the plaintiff and his vehicle. The search yielded no evidence of contraband. The defendants then removed the plaintiff from their vehicle and slammed him into the ground grinding his face into the pavement. Defendants formally arrested plaint...
Smith, Timothy vs City of New York, et al.
Case # 14CV00036,
U.S. District Court - Eastern District NY, January 10, 2014, ended September 5, 2014
$60,000 Settlement
Complaint
Description: On November 22, 2012, Plaintiff had dropped off an acquaintance to go to a local club, before parking around the corner. After Plaintiff exited the vehicle, at least two NYPD members, including Melody Robinson and Dennis Mogelnicki, pulled up in an unmarked police car and told Plaintiff to freeze. Two officers then proceeded to search Plaintiff, and held him to his car, while they searched Plaintiff's car without permission. The officers then arrested Plaintiff without probable cause and took him to a local NYPD station where he was told he was being charged with criminal possession of a handgun, ammunition and holster. Plaintiff was then taken to Queens County Central Booking where he was held for an additiona...