James D. Famiano

Badge #3200, White Male
Former Detective Grade 3 at Detective Bureau Special Victims Division
Service started January 2005, ended January 2025, Tax #936568

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



Lawsuit Settlements:
$20,000   Truxler, Keith vs City of Ny, et al., 2021 BCSC BCSC 812676/2021E
$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

Complaint #201208424, June 2012
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
APU Case Status: Closed: Guilty after trial-PC Approved, January 30, 2015
Penalty: Forfeit vacation 15 days
Documents: Complaint Closing Report
additional details

Complaint #201112043, September 2011
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
Documents: Complaint Closing Report
additional details

Complaint #200817104, November 2008
Allegation: Discourtesy: Word
Complainant: Asian Male, 28
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #200714755, October 2007
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
Documents: Complaint Closing Report
additional details

Complaint #200705846, April 2007
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
Documents: Complaint Closing Report
additional details

Complaint #200609791, July 2006
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
Documents: Complaint Closing Report
additional details

Complaint #201208424, June 2012
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
APU Case Status: Closed: Guilty after trial-PC Approved, January 30, 2015
Penalty: Forfeit vacation 15 days
Documents: Complaint Closing Report
additional details
Complaint #201112043, September 2011
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
Documents: Complaint Closing Report
additional details
Complaint #200817104, November 2008
Allegation Complainant CCRB Conclusion
Discourtesy: Word Asian Male, 28 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #200714755, October 2007
Allegation Complainant CCRB Conclusion
Discourtesy: Word Asian Female, 55 Unsubstantiated
Abuse of Authority: Refusal to provide name/shield number Asian Female, 55 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #200705846, April 2007
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
Documents: Complaint Closing Report
additional details
Complaint #200609791, July 2006
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
Documents: Complaint Closing Report
additional details

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Discipline

Case: 2013-10682
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, $267,500 total settlements.

Truxler, Keith vs City of Ny, et al.
Case # 812676/2021E, Supreme Court - Bronx, October 7, 2021, ended December 26, 2023
$20,000 Settlement
Complaint
Description: On or about July 31, 2010, at approximately 8:00 p.m., Plaintiff Keith Truxler was lawfully present outside the building located at 1917 Crotona Avenue in Bronx County, when Defendant NYPD Police Officers, including James Famiano, grabbed Plaintiff, slammed him to the ground, kicking and punching him while he lay prostrate. Plaintiff also had $1,000 taken from him. Plaintiff brings claims of: activity retaliation, first amendment retaliation, unlawful search and seizure, false arrest and false imprisonment, assault and battery, excessive force, malicious prosecution, malicious abuse of process, denial of right to due process, biased based profiling, denial of equal protection, conspiracy to interfere with civi...

Morales, John vs Famiano, James, et al.
Case # 520957/2018, Supreme Court - Kings, February 28, 2019, ended January 31, 2022
Administrative Closing
Complaint
Description: On October 18, 2015, at approximately 7:00 p.m. plaintiff John Morales was lawfully walking around Marcy Avenue and South 9th Street, Brooklyn, New York when the Defendants including Detective James Famiano, Loren Kanover, Officer Francesco Allevato and Sergent Kenneth Durkin proceeded to unlawfully stop, seize and detain plaintiff without reasonable suspicion, probable cause, or any legal justification. Plaintiff did not possess any illegal drugs, weapons, or contraband of any kind. Nevertheless, the defendant police officers unlawfully handcuffed plaintiff and falsely arrested and transported him to the 90th precinct. Therein plaintiff was unlawfully fingerprinted and photographed and detained in a holding ce...

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
Amended Complaint, Complaint
Description: On June 19, 2012, Plaintiff was talking with her neighbors when Sergeant Dennis Friendly, Sergeant Michael White, Police Officer James Famiano, and Detective Jennifer Lavelle exited a van and approached plaintiff and her neighbors. Detective Lavelle searched Plaintiff and did not recover any contraband. Sergeant Dennis Friendly frisked plaintiff. Plaintiff told Sergeant Friendly that Detective Lavelle already had searched her. Sergeant Friendly told Plaintiff to shut up. At no point was any contraband recovered from the Plaintiff or the Plaintiff's vicinity. Plaintiff was nevertheless arrested and transported to the precinct. POs who were present during the incident failed to intervene. On or about June 21, 201...

Nzomo, Makau vs City of New York, et al.
Case # 10CV08530, U.S. District Court - Southern District NY, April 13, 2011, ended January 9, 2014
Zero Disposition
Order

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.

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 complaint #201301569