Damian Rivera

Badge #1406, Hispanic Male
Former Detective Specialist at Strategic Response Group 2 Bronx
Service started September 1998, ended October 2020, Tax #922858

Lawsuit settlements:
$25,000   Santaliz, Luis vs City of New York, et al., 2021 BCSC BCSC 817141/2021E
$15,000   Caba, Danny vs City of New York, et al., 2014 BCSC BCSC 020881/2014E
$17,500   Turnbull, Lewis vs City of New York, et al., 2014 BCSC BCSC 300253/2014
$15,000   Hazel, Keith vs City of New York, et al., 2013 SDNY SDNY 13CV01823
$68,667   Encarnacion, Rafael, et Al vs City of New York, et al., 2013 SDNY SDNY 13CV00160
$30,000   Patillo v. The City of New York, BCSC BCSC 300836/2012
View Details

Complaints

12 Complaints
24 Allegations
0 Substantiated
1 Complainant Unavailable
8 Exonerated
3 Unfounded
12 Unsubstantiated

Complaint #201303038, March 2013
Allegation: Discourtesy: Word
Complainant: Hispanic Female, 47
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #201302902, March 2013
Allegation: Force: Physical force
Complainant: Male, 45
CCRB Conclusion: Unfounded
additional details

Complaint #201110542, August 2011
Allegation: Force: Other blunt instrument as a club
Complainant: Black Male, 44
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201106032, May 2011
Allegation: Discourtesy: Word
Complainant: Black Male, 41
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 41
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 41
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #200915303, September 2009
Allegation: Discourtesy: Word
Complainant: Black Male, 38
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200801544, January 2008
Allegation: Force: Physical force
Complainant: Hispanic Male, 57
CCRB Conclusion: Exonerated
additional details

Complaint #200509697, August 2005
Allegation: Abuse of Authority: Property damaged
Complainant: Hispanic Male, 48
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Hispanic Male, 48
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 48
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Question and/or stop
Complainant: Hispanic Male, 48
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Seizure of property
Complainant: Hispanic Male, 48
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200500548, January 2005
Allegation: Abuse of Authority: Vehicle search
Complainant: Hispanic Male, 25
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200410174, October 2004
Allegation: Abuse of Authority: Question and/or stop
Complainant: Black Male, 29
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Black Male, 29
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Black Male, 29
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200409053, September 2004
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 49
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Threat of summons
Complainant: Black Male, 49
CCRB Conclusion: Unfounded
additional details

Complaint #200404017, April 2004
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 14
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 14
CCRB Conclusion: Exonerated
additional details

Complaint #200101264, February 2001
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Hispanic Male, 34
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Question and/or stop
Complainant: Hispanic Male, 34
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Hispanic Male, 34
CCRB Conclusion: Unfounded
additional details

Complaint #201303038, March 2013
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Female, 47 Complainant Unavailable
additional details
Complaint #201302902, March 2013
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 45 Unfounded
additional details
Complaint #201110542, August 2011
Allegation Complainant CCRB Conclusion
Force: Other blunt instrument as a club Black Male, 44 Unsubstantiated
additional details
Complaint #201106032, May 2011
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 41 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Black Male, 41 Unsubstantiated
Force: Physical force Black Male, 41 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #200915303, September 2009
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 38 Unsubstantiated
additional details
Complaint #200801544, January 2008
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 57 Exonerated
additional details
Complaint #200509697, August 2005
Allegation Complainant CCRB Conclusion
Abuse of Authority: Property damaged Hispanic Male, 48 Unsubstantiated
Abuse of Authority: Refusal to provide name/shield number Hispanic Male, 48 Unsubstantiated
Discourtesy: Word Hispanic Male, 48 Unsubstantiated
Abuse of Authority: Question and/or stop Hispanic Male, 48 Exonerated
Abuse of Authority: Seizure of property Hispanic Male, 48 Unsubstantiated
additional details
Complaint #200500548, January 2005
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Hispanic Male, 25 Unsubstantiated
additional details
Complaint #200410174, October 2004
Allegation Complainant CCRB Conclusion
Abuse of Authority: Question and/or stop Black Male, 29 Exonerated
Force: Physical force Black Male, 29 Exonerated
Discourtesy: Word Black Male, 29 Unsubstantiated
additional details
Complaint #200409053, September 2004
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop Black Male, 49 Exonerated
Abuse of Authority: Threat of summons Black Male, 49 Unfounded
additional details
Complaint #200404017, April 2004
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of force (verbal or physical) Black Male, 14 Unsubstantiated
Force: Physical force Black Male, 14 Exonerated
additional details
Complaint #200101264, February 2001
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of force (verbal or physical) Hispanic Male, 34 Exonerated
Abuse of Authority: Question and/or stop Hispanic Male, 34 Exonerated
Abuse of Authority: Refusal to provide name/shield number Hispanic Male, 34 Unfounded
additional details

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'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.

Further details on conclusion definitions.


Lawsuits

Named in 8 known lawsuits, $171,167 total settlements.

Santaliz, Luis vs City of New York, et al.
Case # 817141/2021E, Supreme Court - Bronx, December 21, 2021, ended March 31, 2022
$25,000 Settlement
Complaint
Description: On August 25, 2015, Detective Franco and other defendant POs approached the plaintiff when he was inside the bodega at 423 East 138st Street. Detective Franco and other defendant POs took the plaintiff off the streets and grabbed him by the arm. Outside the bodega, defendants then searched and handcuffed the plaintiff and then transported the plaintiff to the 40th Police Precinct, where the plaintiff was searched and photographed. Around $600 cash was taken from plaintiff's person. Plaintiff was interrogated without Miranda warnings or an attorney present by Detective Franco. Plaintiff was transported to Central Bookings and the went before a judge. The defendants provide false information for the prosecution t...

Payne, Jarrett, et Al vs De Blasio, Bill, et al.
Case # 20CV08924, U.S. District Court - Southern District NY, October 26, 2020
Complaint

Vargas, Francisco vs City of New York, et al.
Case # 14CV02511, U.S. District Court - Southern District NY, April 16, 2014, ended March 8, 2016
Order/Judgment (Verdict)
Complaint
Description: On January 19, 2013 at approximately 2:30 p.m. Plaintiff Francisco Vargas was in front of premises 858 East Tremont Avenue in Bronx County, New York. Defendant members of the NYPD arrested him without cause and made him strip while searching him. Plaintiff was taken to the 48th Precinct and subsequently to Central Booking where he was arraigned on January 20, 2013 on charges of Criminal Sale and Criminal Possession of a Controlled Substance. Plaintiff was held in custody until his release on January 20, 2013. On February 8, 2013, all charges against the Plaintiff were dismissed and sealed.

Caba, Danny vs City of New York, et al.
Case # 020881/2014E, Supreme Court - Bronx, March 17, 2014, ended December 30, 2014
$15,000 Settlement

Turnbull, Lewis vs City of New York, et al.
Case # 300253/2014, Supreme Court - Bronx, January 24, 2014, ended October 17, 2014
$17,500 Settlement

Hazel, Keith vs City of New York, et al.
Case # 13CV01823, U.S. District Court - Southern District NY, March 28, 2013, ended May 16, 2014
$15,000 Settlement
Complaint, Stipulation
Description: On June 11, 2011, Mr. Hazel, while on his way to pick up his niece from school was stopped, handcuffed, searched, and placed in a van by NYPD officers and transported to the 48th precinct. Mr. Hazel was arraigned on the charge of criminal possession of a controlled substance. After three court appearances, the case was dismissed on October 24, 2011. On November 18, 2011, while on his way to the Social Security office, Mr. Hazel was tackled by an NYPD officer, arrested, and transported to the 45th precinct and was once again arraigned on criminal possession of a controlled substance. The case was dismissed on November 23, 2011.

Encarnacion, Rafael, et Al vs City of New York, et al.
Case # 13CV00160, U.S. District Court - Southern District NY, January 22, 2013, ended August 31, 2013
$68,667 Settlement
Complaint
Description: On October 13, 2011, Plaintiffs Encarnacion, Nieto and JT were in a car when officers approached. Plaintiffs Encarnacion and Nieto were falsely arrested for drug possession and sales charges while Plaintiff JT, a minor, was taken into CPS. The officers illegally and without reasonable suspicion searched Plaintiffs Encarnacion and Nieto and the car, and forced Plaintiff Nieto to raise her blouse in front of her child. Both Plaintiffs Encarnacion and Nieto were taken to the 48th Precinct and strip searched without cause. On October 14, 2011, Plaintiff Nieto was released without charges, while Plaintiff Encarnacion was falsely accused of drug offenses. On March 12, 2012, all charges were dismissed against Pla...

Patillo v. The City of New York
Case # 300836/2012, Supreme Court - Bronx
$30,000 Settlement
Complaint