James D. Famiano

Badge #3200, White Male, 48
Detective Grade 3 at Narcotics Borough Bronx since July 2020, active
Also served at 5th Precinct, Narcotics Borough Brooklyn North
Service started January 2005, made $160,000 last year, Tax #936568

Substantiated Allegations:
Abuse of Authority: Frisk
Abuse of Authority: Search (of person)
Abuse of Authority: Vehicle stop



Lawsuit settlements:
$60,000   Walker, Toyia, et al. vs City of New York, et al., 2014 KCSC KCSC 007761/2014
$22,500   Walker, Terrell, et al. vs City of New York, et al., 2014 KCSC KCSC 005360/2014
$20,000   Thompson, Patricia vs City of New York, et al., 2014 EDNY EDNY 14CV00563
$145,000   Wang et al v. City of New York et al, SDNY SDNY 05CV04679
View Details

Complaints

6 Complaints
17 Allegations
3 Substantiated
3 Substantiated (Charges)
1 Alleged Victim Uncooperative
3 Complainant Unavailable
10 Unsubstantiated

June 2012 Complaint
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 30
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 30
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 30
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Guilty
CCRB Recommended Penalty: Forfeit vacation 10 days
APU Trial Commissioner Penalty: Forfeit vacation 15 days
APU Case Status: Closed: Guilty after trial, January 2015
Penalty: Forfeit vacation 15 days
Documents: Complaint Closing Report
additional details

September 2011 Complaint
Allegation: Discourtesy: Word
Complainant: White Female, 30
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: White Female, 30
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: White Female, 31
CCRB Conclusion: Alleged Victim Uncooperative
additional details

November 2008 Complaint
Allegation: Discourtesy: Word
Complainant: Asian Male, 28
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

October 2007 Complaint
Allegation: Discourtesy: Word
Complainant: Asian Female, 55
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Asian Female, 55
CCRB Conclusion: Unsubstantiated
additional details

April 2007 Complaint
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 32
CCRB Conclusion: Complainant Unavailable
Allegation: Abuse of Authority: Question and/or stop
Complainant: Hispanic Male, 32
CCRB Conclusion: Complainant Unavailable
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Hispanic Male, 32
CCRB Conclusion: Complainant Unavailable
additional details

July 2006 Complaint
Allegation: Discourtesy: Word
Complainant: Black Male, 35
CCRB Conclusion: Unsubstantiated
Allegation: Force: Hit against inanimate object
Complainant: Black Male, 35
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 35
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Male, 35
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 35
CCRB Conclusion: Unsubstantiated
additional details

June 2012 Complaint
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop Black Male, 30 Substantiated (Charges)
Abuse of Authority: Search (of person) Black Male, 30 Substantiated (Charges)
Abuse of Authority: Frisk Black Male, 30 Substantiated (Charges)
NYPD Conclusion: APU Guilty
CCRB Recommended Penalty: Forfeit vacation 10 days
APU Trial Commissioner Penalty: Forfeit vacation 15 days
APU Case Status: Closed: Guilty after trial, January 2015
Penalty: Forfeit vacation 15 days
Documents: Complaint Closing Report
additional details
September 2011 Complaint
Allegation Complainant CCRB Conclusion
Discourtesy: Word White Female, 30 Unsubstantiated
Force: Physical force White Female, 30 Unsubstantiated
Force: Physical force White Female, 31 Alleged Victim Uncooperative
additional details
November 2008 Complaint
Allegation Complainant CCRB Conclusion
Discourtesy: Word Asian Male, 28 Unsubstantiated
Documents: Complaint Closing Report
additional details
October 2007 Complaint
Allegation Complainant CCRB Conclusion
Discourtesy: Word Asian Female, 55 Unsubstantiated
Abuse of Authority: Refusal to provide name/shield number Asian Female, 55 Unsubstantiated
additional details
April 2007 Complaint
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Male, 32 Complainant Unavailable
Abuse of Authority: Question and/or stop Hispanic Male, 32 Complainant Unavailable
Abuse of Authority: Refusal to provide name/shield number Hispanic Male, 32 Complainant Unavailable
additional details
July 2006 Complaint
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 35 Unsubstantiated
Force: Hit against inanimate object Black Male, 35 Unsubstantiated
Force: Physical force Black Male, 35 Unsubstantiated
Abuse of Authority: Refusal to provide name/shield number Black Male, 35 Unsubstantiated
Abuse of Authority: Search (of person) Black Male, 35 Unsubstantiated
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.
'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.


Discipline

Case: 2013-10682
Document
Opened: 11/6/2013
Closed: 1/30/2015
Case Details:
  1. Guilty: While on-duty, engaged in conduct prejudicial to the good order, efficiency or discipline of the New York City Police Department was an occupant without sufficient legal authority
  2. Guilty: Said detective did abuse his authority as a member of the New York City Police Department in that he wrongfully and without just cause frisked and searched an individual known to the Department without sufficient legal authority
  3. Guilty: Said detective did abuse his authority as a member of the New York City Police Department in that he wrongfully and without just cause frisked and searched an individual known to the Department without sufficient legal authority
Penalty: Forfeiture of fifteen (15) vacation days


Lawsuits

Named in 9 known lawsuits, $247,500 total settlements.

Truxler, Keith vs City of New York, et al.
Case # 812676/2021E, Supreme Court - Bronx, October 7, 2021

Morales, John vs Famiano, James, et al.
Case # 520957/2018, Supreme Court - Kings, February 28, 2019, ended January 31, 2022
Administrative Closing

Smith, Mark A. vs Detective Famiano, et al.
Case # 17CV06535, U.S. District Court - Eastern District NY, July 3, 2018
Complaint
Description: Defendant Officers applied for a search warrant and testified in a grand jury against defendant using information they knew not to be true.

Walker, Toyia, et al. vs City of New York, et al.
Case # 007761/2014, Supreme Court - Kings, June 2, 2014, ended September 17, 2015
$60,000 Settlement
Summons/Complaint

Walker, Terrell, et al. vs City of New York, et al.
Case # 005360/2014, Supreme Court - Kings, April 11, 2014, ended September 14, 2015
$22,500 Settlement

Thompson, Patricia vs City of New York, et al.
Case # 14CV00563, U.S. District Court - Eastern District NY, March 13, 2014, ended September 17, 2014
$20,000 Settlement
Complaint, Amended Complaint

Forte v. Famiano et al
Case # 15CV03302, U.S. District Court - Eastern District NY
Complaint
Description: Defendant Officers pulled over Plaintiff, ordered him out the car, frisked him, and then left.

Nzomo v. New York City
Case # 10CV08530, U.S. District Court - Southern District NY
Dismissed with Prejudice
Order

Wang et al v. City of New York et al
Case # 05CV04679, U.S. District Court - Southern District NY
$145,000 Settlement
Amended Complaint, Stipulation

Other Documents

Brooklyn DA Disclosure Letter references additional CCRB case 201301569
NYPD Trial Decision 1/30/2015
NYPD Trial Decision 1/3/2015
NYPD Trial Decision 1/30/2015