Substantiated Allegations:
Abuse of Authority: Vehicle search (2)
Abuse of Authority: Vehicle search (2)
Fabian D. Nembhard
Badge #10675,
Black Male, 39
Police Officer at 46th Precinct since January 2024
Service
started July 2013,
made $181,000 last year,
Tax #955258
Lawsuit Settlements:
$25,000 Olivo, Felix vs City of New York, et al., 2019 BCSC BCSC 026788/2019E
$25,000 Cruz, Josue vs City of New York, et al., 2018 BCSC BCSC 032937/2018E
$25,000 Rivera, Axel vs City of New York, et al., 2018 BCSC BCSC 032139/2018E
View Details
$25,000 Olivo, Felix vs City of New York, et al., 2019 BCSC BCSC 026788/2019E
$25,000 Cruz, Josue vs City of New York, et al., 2018 BCSC BCSC 032937/2018E
$25,000 Rivera, Axel vs City of New York, et al., 2018 BCSC BCSC 032139/2018E
View Details
Complaints
6
Complaints
11
Allegations
2
Substantiated
2
Substantiated (Command Lvl Instructions)
4
Complainant Uncooperative
2
Exonerated
1
OMB PEG Directive Closure
2
Unfounded
Complaint #202407553,
July 2024
additional details
| Allegation: | Abuse of Authority: Threat of arrest |
|---|---|
| Complainant: | Male |
| CCRB Conclusion: | OMB PEG Directive Closure |
Complaint #202104422,
May 2021
additional details
| Allegation: | Abuse of Authority: Seizure of property |
|---|---|
| Complainant: | Hispanic Male, 25-29 |
| CCRB Conclusion: | Exonerated |
Complaint #201904908,
June 2019
additional details
| Allegation: | Abuse of Authority: Vehicle search |
|---|---|
| Complainant: | Black Female, 26 |
| CCRB Conclusion: | Substantiated (Command Lvl Instructions) |
| Allegation: | Abuse of Authority: Vehicle search |
| Complainant: | Black Female, 26 |
| CCRB Conclusion: | Substantiated (Command Lvl Instructions) |
| Penalty: | Formalized Training |
| Documents: | Complaint Closing Report |
Complaint #201904156,
May 2019
additional details
| Allegation: | Abuse of Authority: Vehicle stop |
|---|---|
| Complainant: | Hispanic Male, 26 |
| CCRB Conclusion: | Complainant Uncooperative |
| Allegation: | Abuse of Authority: Threat of arrest |
| Complainant: | Hispanic Male, 26 |
| CCRB Conclusion: | Complainant Uncooperative |
| Allegation: | Abuse of Authority: Search (of person) |
| Complainant: | Hispanic Male, 26 |
| CCRB Conclusion: | Complainant Uncooperative |
| Allegation: | Abuse of Authority: Seizure of property |
| Complainant: | Hispanic Male, 26 |
| CCRB Conclusion: | Complainant Uncooperative |
Complaint #201703276,
April 2017
additional details
| Allegation: | Abuse of Authority: Refusal to provide name/shield number |
|---|---|
| Complainant: | Black Female, 49 |
| CCRB Conclusion: | Unfounded |
| Allegation: | Abuse of Authority: Interference with recording |
| CCRB Conclusion: | Unfounded |
Complaint #201606523,
July 2016
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Black Male, 30 |
| CCRB Conclusion: | Exonerated |
| Documents: | Complaint Closing Report |
| Complaint #202407553, July 2024 | ||
|---|---|---|
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Threat of arrest | Male | OMB PEG Directive Closure |
| additional details | ||
| Complaint #202104422, May 2021 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Seizure of property | Hispanic Male, 25-29 | Exonerated |
| additional details | ||
| Complaint #201904908, June 2019 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Vehicle search | Black Female, 26 | Substantiated (Command Lvl Instructions) |
| Abuse of Authority: Vehicle search | Black Female, 26 | Substantiated (Command Lvl Instructions) |
| Penalty: Formalized Training | ||
| Documents: | Complaint Closing Report | |
| additional details | ||
| Complaint #201904156, May 2019 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Vehicle stop | Hispanic Male, 26 | Complainant Uncooperative |
| Abuse of Authority: Threat of arrest | Hispanic Male, 26 | Complainant Uncooperative |
| Abuse of Authority: Search (of person) | Hispanic Male, 26 | Complainant Uncooperative |
| Abuse of Authority: Seizure of property | Hispanic Male, 26 | Complainant Uncooperative |
| additional details | ||
| Complaint #201703276, April 2017 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Refusal to provide name/shield number | Black Female, 49 | Unfounded |
| Abuse of Authority: Interference with recording | Unfounded | |
| additional details | ||
| Complaint #201606523, July 2016 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Black Male, 30 | 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.
'OMB PEG Directive Closure': Due to citywide budget cuts, CCRB is no longer able to fully investigate certain cases within its jurisdiction and suspended investigating some types of complaints.
'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.
Further details on conclusions.
Discipline
Case: 2020-21672
Closed: 8/15/2022
Case Details:
- Improper search.
Penalty: Training
Recommendation: Training
Lawsuits
Named in 3 known lawsuits, $75,000 total settlements.Olivo, Felix vs City of New York, et al.
Case # 026788/2019E, Supreme Court - Bronx, June 17, 2019, ended April 8, 2021
$25,000 Settlement
Complaint
Description: On September 24, 2017, Plaintiff was a passenger of Axel Rivera's vehicle, along with Andrew Caicedo, in the vicinity of the corner of Anthony Avenue and East Burnside Avenue. Axel Rivera was driving and was obeying all traffic laws. Defendants, including Lopez and Nembhard, unlawfully stopped the said vehicle without any probable cause or reasonable suspicion to do so. Defendants asked for Mr. Rivera's driver's license and registration. Mr. Rivera complied and provided defendants with said documentation. Then Defendants unlawfully commanded all occupants of said vehicle, including Plaintiff, to exit the vehicle without probable cause or other justification for doing so. Defendants then illegally searched al...
Cruz, Josue vs City of New York, et al.
Case # 032937/2018E, Supreme Court - Bronx, November 15, 2018, ended June 19, 2019
$25,000 Settlement
Rivera, Axel vs City of New York, et al.
Case # 032139/2018E, Supreme Court - Bronx, November 1, 2018, ended June 19, 2019
$25,000 Settlement
Complaint
Description: On September 24, 2017, Defendant officers Lopez, Nembhard, Doe, and Roe approached Plaintiff for no reason and stopped, searched, grabbed, assaulted, battered and detained him in an aggressive and excess manner. Plaintiff was transported to the precinct, where he was subjected to a strip search by the Defendant officers. Plaintiff was arraigned and falsely and maliciously prosecuted. All charges against Plaintiff were eventually terminated favorably. Plaintiff sustained physical and emotional injuries as a result of the Defendant officers' conduct.