Martin A. Cunningham

Martin A. Cunningham

Martin A. Cunningham
Lieutenant at 60th Precinct since July 2022
Also served at 70th Precinct, 71st Precinct
Service started July 2008, made $191,000 last year, Tax #946888
Hispanic Male, 41

Substantiated Allegations:
Abuse of Authority: Failure to provide RTKA card (3)
Abuse of Authority: Improper use of body-worn camera
Abuse of Authority: Question (2)
Discourtesy: Word
Offensive Language: Race


Lawsuit Settlements:
$15,000   Sylvester, Ronald vs City of New York, et al., 2018 EDNY EDNY 18CV06023
$10,000   Vargas, Leyson M. vs City of New York, et al., 2015 KCSC KCSC 011855/2015
$45,000   Cedant, Caleb vs City of New York, et al., 2014 EDNY EDNY 14CV04791
$100,000   Thomas, Mark vs City of New York, et al., 2012 KCSC KCSC 019137/2012
View Details

Complaints

9 Complaints
31 Allegations
8 Substantiated
1 Substantiated (Instructions)
1 Substantiated (Charges)
3 Substantiated (Command Discipline A)
3 Substantiated (Formalized Training)
1 Complaint Withdrawn
3 Exonerated
5 Unable to Determine
2 Unfounded
8 Unsubstantiated
3 Victim Unidentified
1 Within NYPD Guidelines

Complaint #202303911, April 2023
Allegation: Abuse of Authority: Stop
Complainant: White Male, 30-34
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Age 40-44
CCRB Conclusion: Substantiated (Formalized Training)
Allegation: Abuse of Authority: Stop
Complainant: Age 40-44
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Improper use of body-worn camera
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Question
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: White Male, 30-34
CCRB Conclusion: Substantiated (Formalized Training)
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
additional details

Complaint #202303045, April 2023
Allegation: Abuse of Authority: Property damaged
Complainant: Black, 30-34
CCRB Conclusion: Unfounded
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Seizure of property
Complainant: Age 50-54
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Other
Complainant: Black, 30-34
CCRB Conclusion: Unable to Determine
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #202007716, November 2020
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Female, 18-20
CCRB Conclusion: Unsubstantiated
additional details

Complaint #202004012, May 2020
Allegation: Discourtesy: Word
Complainant: Female, 10-14
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Female, 10-14
CCRB Conclusion: Exonerated
Allegation: Offensive Language: Race
Complainant: Female, 10-14
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Physical force
Complainant: Female, 10-14
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Female, 10-14
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Conclusion: APU Closed: Charges not served
APU Case Status: Closed: Charges not served, March 31, 2023
Documents: APU Quarterly Report summary
Complaint Closing Report
additional details

Complaint #201710160, December 2017
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 41
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Male
CCRB Conclusion: Victim Unidentified
Allegation: Abuse of Authority: Frisk
Complainant: Male
CCRB Conclusion: Victim Unidentified
Allegation: Abuse of Authority: Search (of person)
Complainant: Male
CCRB Conclusion: Victim Unidentified
Allegation: Abuse of Authority: Strip-searched
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 #201708898, September 2017
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Male, 37
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201506925, June 2015
Allegation: Force: Physical force
Complainant: Black Male, 16
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201404897, May 2014
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 30
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Question
Complainant: Black Male, 30
CCRB Conclusion: Substantiated (Instructions)
Penalty: Formalized Training
additional details

Complaint #201311152, October 2013
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 26
CCRB Conclusion: Complaint Withdrawn
additional details

Complaint #202303911, April 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop White Male, 30-34 Unable to Determine
Abuse of Authority: Stop Unable to Determine
Abuse of Authority: Failure to provide RTKA card Age 40-44 Substantiated (Formalized Training)
Abuse of Authority: Stop Age 40-44 Unable to Determine
Abuse of Authority: Improper use of body-worn camera Substantiated (Command Discipline A)
Abuse of Authority: Question Substantiated (Command Discipline A)
Abuse of Authority: Failure to provide RTKA card White Male, 30-34 Substantiated (Formalized Training)
Abuse of Authority: Failure to provide RTKA card Substantiated (Formalized Training)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
additional details
Complaint #202303045, April 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Property damaged Black, 30-34 Unfounded
Force: Physical force Unfounded
Abuse of Authority: Seizure of property Age 50-54 Unable to Determine
Abuse of Authority: Other Black, 30-34 Unable to Determine
Force: Physical force Within NYPD Guidelines
additional details
Complaint #202007716, November 2020
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop Black Female, 18-20 Unsubstantiated
additional details
Complaint #202004012, May 2020
Allegation Complainant CCRB Conclusion
Discourtesy: Word Female, 10-14 Exonerated
Discourtesy: Word Female, 10-14 Exonerated
Offensive Language: Race Female, 10-14 Substantiated (Charges)
Force: Physical force Female, 10-14 Exonerated
Discourtesy: Word Female, 10-14 Substantiated (Command Discipline A)
NYPD Conclusion: APU Closed: Charges not served
APU Case Status: Closed: Charges not served, March 31, 2023
Documents: APU Quarterly Report summary
Complaint Closing Report
additional details
Complaint #201710160, December 2017
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop Black Male, 41 Unsubstantiated
Abuse of Authority: Stop Male Victim Unidentified
Abuse of Authority: Frisk Male Victim Unidentified
Abuse of Authority: Search (of person) Male Victim Unidentified
Abuse of Authority: Strip-searched 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 #201708898, September 2017
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Black Male, 37 Unsubstantiated
additional details
Complaint #201506925, June 2015
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 16 Unsubstantiated
additional details
Complaint #201404897, May 2014
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Black Male, 30 Unsubstantiated
Abuse of Authority: Question Black Male, 30 Substantiated (Instructions)
Penalty: Formalized Training
additional details
Complaint #201311152, October 2013
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Black Male, 26 Complaint Withdrawn
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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unable to Determine': The alleged conduct was investigated but could not determine 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' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.
'Within NYPD Guidelines': The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusions.


Discipline

Case: 2022-26385
Closed: 12/1/2022
Case Details:
  1. Wrongfully discourteous to an individual known to the Department.
  2. Wrongfully used offensive language.
Recommendation: Charges and Specifications

Case: 2017-18349
Closed: 10/24/2018
Case Details:
  1. Guilty: Used inappropriate and disparaging language during a conversation that was captured on a Department issued body-worn camera.
Penalty: Vacation days (15 days)

Case: 2017-18361
Closed: 3/19/2018
Case Details:
  1. Guilty: Failed and neglected to safeguard his shield, resulting in its loss.
  2. Guilty: Failed to safeguard and report the loss of his firearm and shield.
  3. Guilty: While off-duty, failed and neglected to safeguard his firearm, resulting in its loss.
Penalty: Pre-trial suspension days (17 days)


Lawsuits

Named in 4 known lawsuits, $170,000 total settlements.

Sylvester, Ronald vs City of New York, et al.
Case # 18CV06023, U.S. District Court - Eastern District NY, November 5, 2018, ended May 2, 2019
$15,000 Settlement
Complaint
Description: On November 21, 2017, plaintiff was walking alone on the sidewalk when defendant P.O. Adair approached him, pushed him and told him to walk the other way. Plaintiff asked the officer not to touch him as he had recently had surgery and continued walking. P.O. Adair tackled plaintiff from behind, causing him to fall to the ground. Other officers then grabbed plaintiff by his right arm and one punched plaintiff in his head. Plaintiff was then handcuffed too tightly and transported first to the precinct and later Central Booking where he was falsely charged with resisting arrest. All charges were ultimately dismissed.

Vargas, Leyson M. vs City of New York, et al.
Case # 011855/2015, Supreme Court - Kings, October 5, 2015, ended September 10, 2019
$10,000 Settlement
Complaint

Cedant, Caleb vs City of New York, et al.
Case # 14CV04791, U.S. District Court - Eastern District NY, August 14, 2014, ended April 7, 2015
$45,000 Settlement
Amended Complaint, Complaint, Stipulation
Description: On July 30, 2013 at 2:15AM, the Plaintiff was viciously beaten by Defendant NYPD Officers. The Plaintiff was tackled to the ground and beaten about his head and face with fists and batons. As the Plaintiff lay on the ground he was kicked. The beating resulted in several injuries, including an orbital fracture to his left eye. Despite obviously being in medical need, the Plaintiff was transported to the precinct rather than the hospital where he remained bloodied and in significant pain for an extended period of time. NYPD Officers John Palastro (Shield No. 9367), Steve A. Richards (Shield No. 2946), Elvis D. Alcivar (Shield No. 29226), Roman Vilnyanskiy (Shield No. 12874), Sergeant Timothy Glent (Shield No. 12...

Thomas, Mark vs City of New York, et al.
Case # 019137/2012, Supreme Court - Kings, September 28, 2012, ended January 18, 2017
$100,000 Settlement

Other Documents

Brooklyn DA Disclosure Letter references additional CCRB complaint #201904595