James V. Malpeso

Badge #2939, Hispanic Male
Detective Grade 1 at Narcotics Borough Staten Island since September 2016, active
Service started July 2003, made $202,000 last year, Tax #932948

Substantiated Allegations:
Abuse of Authority: Entry of Premises
Abuse of Authority: Failure to provide RTKA card
Abuse of Authority: Search of Premises

Discipline Cases:

Case: 2023-28977
Closed: 9/8/2023

View Details

Lawsuit settlements:
$75,000   Wilson, James vs City of New York, et al., 2013 EDNY EDNY 13CV05743
$40,000   Davis et al v. City Of New York et al, EDNY EDNY 10CV01260
$285,000   Patterson et al v. City of New York et al, EDNY EDNY 10CV00231
$35,000   Humphreys et al v. City of New York et al, EDNY EDNY 10CV03011
$38,500   Ross et al v. City Of New York et al, EDNY EDNY 11CV01958
$38,000   Gbor v. The City of New York et al, EDNY EDNY 11CV02824
$22,500   Garcia v. City of New York et al, EDNY EDNY 12CV01707
$36,000   Gibson et al v. The City of New York et al, EDNY EDNY 12CV04114
$15,000   Santori v. City of New York et al, EDNY EDNY 07CV04873
$45,000   Bunche v. The City of New York et al, SDNY SDNY 10CV05731
$200,000   Cummings v. The City of New York et al, SDNY SDNY 13CV00640
View Details

Complaints

12 Complaints
35 Allegations
3 Substantiated
1 Substantiated (Command Discipline B)
2 Substantiated (Command Discipline A)
1 Alleged Victim Unavailable
6 Complainant Uncooperative
7 Complaint Withdrawn
8 Unable to Determine
2 Unfounded
6 Unsubstantiated
2 Within NYPD Guidelines

Complaint #202203030, April 2022
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Male, 40-44
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Failure to Explain
Complainant: Hispanic Male, 40-44
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Hispanic Male, 40-44
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Frisk
Complainant: Hispanic Male, 40-44
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Interference with recording
Complainant: White Male, 65-69
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Interference with recording
Complainant: White Female, 40-44
CCRB Conclusion: Unable to Determine
Allegation: Offensive Language: Gender
Complainant: White Female, 40-44
CCRB Conclusion: Unable to Determine
Allegation: Discourtesy: Word
Complainant: White Male, 65-69
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Search (of person)
Complainant: Hispanic Male, 40-44
CCRB Conclusion: Unable to Determine
Allegation: Discourtesy: Word
Complainant: White Female, 40-44
CCRB Conclusion: Unable to Determine
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
additional details

Complaint #202200228, January 2022
Allegation: Abuse of Authority: Vehicle stop
Complainant: White Female, 30-34
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #202106152, October 2021
Allegation: Abuse of Authority: Search of Premises
Complainant: Hispanic Female, 40-44
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Entry of Premises
Complainant: Hispanic Female, 40-44
CCRB Conclusion: Substantiated (Command Discipline B)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details

Complaint #202100964, February 2021
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Male, 25-29
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse of Authority: Stop
Complainant: White Male, 25-29
CCRB Conclusion: Complaint Withdrawn
Allegation: Offensive Language: Race
Complainant: Hispanic Male, 25-29
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse of Authority: Question
Complainant: Hispanic Male, 25-29
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse of Authority: Vehicle search
Complainant: Hispanic Male, 25-29
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Hispanic Male, 25-29
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: White Male, 25-29
CCRB Conclusion: Complaint Withdrawn
additional details

Complaint #202100960, February 2021
Allegation: Abuse of Authority: Vehicle stop
Complainant: White Male, 30-34
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Vehicle search
Complainant: White Male, 30-34
CCRB Conclusion: Complainant Uncooperative
Allegation: Force: Physical force
Complainant: White Male, 30-34
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Search (of person)
Complainant: White Male, 30-34
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201905128, May 2019
Allegation: Abuse of Authority: Search (of person)
Complainant: White Male, 27
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Vehicle stop
Complainant: Male
CCRB Conclusion: Alleged Victim Unavailable
Allegation: Abuse of Authority: Vehicle stop
Complainant: White Male, 27
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201308793, July 2013
Allegation: Abuse of Authority: Question
Complainant: White Female, 35
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201202786, February 2012
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 19
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200917872, November 2009
Allegation: Discourtesy: Word
Complainant: Female, 21
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to obtain medical treatment
Complainant: Female, 21
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200906462, February 2009
Allegation: Abuse of Authority: Search (of person)
Complainant: White Male, 43
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Vehicle search
Complainant: White Male, 43
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200818654, December 2008
Allegation: Discourtesy: Word
Complainant: Black Female, 28
CCRB Conclusion: Unfounded
Documents: Complaint Closing Report
additional details

Complaint #200716428, November 2007
Allegation: Abuse of Authority: Strip-searched
Complainant: White Male, 32
CCRB Conclusion: Unfounded
additional details

Complaint #202203030, April 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Hispanic Male, 40-44 Within NYPD Guidelines
Abuse of Authority: Failure to Explain Hispanic Male, 40-44 Unable to Determine
Abuse of Authority: Failure to provide RTKA card Hispanic Male, 40-44 Substantiated (Command Discipline A)
Abuse of Authority: Frisk Hispanic Male, 40-44 Unable to Determine
Abuse of Authority: Interference with recording White Male, 65-69 Unable to Determine
Abuse of Authority: Interference with recording White Female, 40-44 Unable to Determine
Offensive Language: Gender White Female, 40-44 Unable to Determine
Discourtesy: Word White Male, 65-69 Unable to Determine
Abuse of Authority: Search (of person) Hispanic Male, 40-44 Unable to Determine
Discourtesy: Word White Female, 40-44 Unable to Determine
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
additional details
Complaint #202200228, January 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop White Female, 30-34 Within NYPD Guidelines
additional details
Complaint #202106152, October 2021
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search of Premises Hispanic Female, 40-44 Substantiated (Command Discipline A)
Abuse of Authority: Entry of Premises Hispanic Female, 40-44 Substantiated (Command Discipline B)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details
Complaint #202100964, February 2021
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Hispanic Male, 25-29 Complaint Withdrawn
Abuse of Authority: Stop White Male, 25-29 Complaint Withdrawn
Offensive Language: Race Hispanic Male, 25-29 Complaint Withdrawn
Abuse of Authority: Question Hispanic Male, 25-29 Complaint Withdrawn
Abuse of Authority: Vehicle search Hispanic Male, 25-29 Complaint Withdrawn
Abuse of Authority: Failure to provide RTKA card Hispanic Male, 25-29 Complaint Withdrawn
Abuse of Authority: Failure to provide RTKA card White Male, 25-29 Complaint Withdrawn
additional details
Complaint #202100960, February 2021
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop White Male, 30-34 Complainant Uncooperative
Abuse of Authority: Vehicle search White Male, 30-34 Complainant Uncooperative
Force: Physical force White Male, 30-34 Complainant Uncooperative
Abuse of Authority: Search (of person) White Male, 30-34 Complainant Uncooperative
additional details
Complaint #201905128, May 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) White Male, 27 Complainant Uncooperative
Abuse of Authority: Vehicle stop Male Alleged Victim Unavailable
Abuse of Authority: Vehicle stop White Male, 27 Complainant Uncooperative
additional details
Complaint #201308793, July 2013
Allegation Complainant CCRB Conclusion
Abuse of Authority: Question White Female, 35 Unsubstantiated
additional details
Complaint #201202786, February 2012
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop Black Male, 19 Unsubstantiated
additional details
Complaint #200917872, November 2009
Allegation Complainant CCRB Conclusion
Discourtesy: Word Female, 21 Unsubstantiated
Abuse of Authority: Refusal to obtain medical treatment Female, 21 Unsubstantiated
additional details
Complaint #200906462, February 2009
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) White Male, 43 Unsubstantiated
Abuse of Authority: Vehicle search White Male, 43 Unsubstantiated
additional details
Complaint #200818654, December 2008
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Female, 28 Unfounded
Documents: Complaint Closing Report
additional details
Complaint #200716428, November 2007
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched White Male, 32 Unfounded
additional details

Conclusion Meanings:

'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unable to Determine': CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.
'Within NYPD Guidelines': The alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusion definitions.


Discipline

Case: 2023-28977
Closed: 9/8/2023
Case Details:
  1. Violated patrol rules.
Recommendation: Command Discipline - A


Lawsuits

Named in 15 known lawsuits, $830,000 total settlements.

Black, Jamell vs City of New York, et al.
Case # 150658/2023, Supreme Court - Richmond, April 11, 2023

Moreno, Elvis vs City of New York, et al.
Case # 22CV04111, U.S. District Court - Eastern District NY, July 26, 2022
Complaint
Description: On June 10, 2015, the plaintiff was arrested by defendant James Malpeso and prosecuted based on false claims made by defendants James Malpeso, Undercover 210, and Raymond Wittick that Plaintiff was involved in a conspiracy to sell heroin and that he participated in the sale of heroin with Undercover Officer on April 25, 2015 and on May 1, 2015. As a result, Plaintiff was sentenced to 7 years imprisonment on July 31, 2018. He was incarcerated for two years and nine months before his conviction was dismissed on April 14, 2021.

Valentino, Tammy, et al. vs City of New York, et al.
Case # 14CV02490, U.S. District Court - Eastern District NY, April 22, 2014, ended July 17, 2014
Zero Disposition

Wilson, James vs City of New York, et al.
Case # 13CV05743, U.S. District Court - Eastern District NY, November 1, 2013, ended February 5, 2015
$75,000 Settlement
Complaint
Description: On July 20, 2012, plaintiff was a lawful motorist, stopped at a red light at Broad and Gordon Streets, Staten Island, when a police vehicle pulled in front of plaintiff's vehicle. Three additional police vehicles arrived. A defendant officer opened plaintiff's driver's side door and attempted to pull plaintiff out of the vehicle. The officer grabbed and choked plaintiff. A defendant officer then opened plaintiff's passenger side door, placed plaintiff's car in park, and released his seatbelt. Plaintiff was forcefully removed from the vehicle, thrown to the ground, and handcuffed. Plaintiff was repeatedly kicked and punched in the face, back, side, chest, stomach, and legs, before and after he was handcuffed. Af...

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

Patterson et al v. City of New York et al
Case # 10CV00231, U.S. District Court - Eastern District NY
$285,000 Settlement
Amended Complaint, Stipulation
Description: Defendant Officers Boan and Wittich arrested Plaintiffs, using excessive force on some, and took them to the 120th Precinct, where some Plaintiffs were strip searched. All charges (not specified) against Plaintiffs were later dismissed.

Humphreys et al v. City of New York et al
Case # 10CV03011, U.S. District Court - Eastern District NY
$35,000 Settlement
Amended Complaint, Stipulation

Ross et al v. City Of New York et al
Case # 11CV01958, U.S. District Court - Eastern District NY
$38,500 Settlement
Amended Complaint

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

Garcia v. City of New York et al
Case # 12CV01707, U.S. District Court - Eastern District NY
$22,500 Settlement
Rivera Garcia.pdf

Gibson et al v. The City of New York et al
Case # 12CV04114, U.S. District Court - Eastern District NY
$36,000 Settlement
Gibson Complaint 12 cv 4114.pdf

Baez v. The City of New York et al
Case # 16CV04468, U.S. District Court - Eastern District NY
Complaint
Description: Defendant Officers stopped Plaintiff's car and arrested him on trumped up charges of 195.05, 220.03, VTL 511.2A and VTL 511.1A. The case was later dismissed.

Santori v. City of New York et al
Case # 07CV04873, U.S. District Court - Eastern District NY
$15,000 Settlement
Complaint, Stipulation

Bunche v. The City of New York et al
Case # 10CV05731, U.S. District Court - Southern District NY
$45,000 Settlement
Amended Complaint

Cummings v. The City of New York et al
Case # 13CV00640, U.S. District Court - Southern District NY
$200,000 Settlement
Second Amended Complaint, Stipulation