Fabio F. Nunez

Fabio F. Nunez

Fabio F. Nunez
Badge #872, Hispanic Male
Former Detective Specialist at Fleet Services Division
Also served at 34th Precinct
Service started March 2000, ended May 2021, Tax #925839

Substantiated Allegations:
Force: Chokehold (2)
Force: Nonlethal restraining device (14)
Force: Physical force
Force: Restricted Breathing (2)
Abuse of Authority: Vehicle search


Discipline Cases:

Case: 2018-19958
Closed: 3/19/2019
Case: 2019-20099
Closed: 3/19/2019

View Details

Lawsuit settlements:
$16,500   Rodriguez, Esmeralda vs City of New York, et al., 2020 SDNY SDNY 20CV04626
$562,500   Medina, Tomas vs City of New York, et al., 2019 SDNY SDNY 19CV09412
$40,000   Martinez, Luis, et al. vs City of New York, et al., 2013 BCSC BCSC 300571/2013
$60,000   Antun v. The City of New York et al, SDNY SDNY 10CV07137
$20,000   Adames v. The City of New York et al, SDNY SDNY 10CV07966
$100,000   Cabreja v. City of New York et al, SDNY SDNY 06CV02229
View Details

Complaints

16 Complaints
46 Allegations
20 Substantiated
20 Substantiated (Charges)
3 Alleged Victim Uncooperative
3 Complainant Uncooperative
6 Exonerated
5 Unfounded
9 Unsubstantiated

Complaint #201808136, October 2018
Allegation: Abuse of Authority: Interference with recording
Complainant: White Female, 45
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201808324, September 2018
Allegation: Abuse of Authority: Threat of arrest
Complainant: Male
CCRB Conclusion: Unsubstantiated
Allegation: Force: Chokehold
Complainant: Hispanic Male, 20
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Restricted Breathing
Complainant: Hispanic Male, 20
CCRB Conclusion: Substantiated (Charges)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details

Complaint #201805943, July 2018
Allegation: Force: Nonlethal restraining device
Complainant: Hispanic Male, 33
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Chokehold
Complainant: Hispanic Male, 33
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Hispanic Male, 33
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Chokehold
Complainant: Hispanic Male, 33
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Restricted Breathing
Complainant: Hispanic Male, 33
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Nonlethal restraining device
Complainant: Hispanic Male, 33
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Nonlethal restraining device
Complainant: Hispanic Male, 33
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Nonlethal restraining device
Complainant: Hispanic Male, 33
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Nonlethal restraining device
Complainant: Hispanic Male, 33
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Nonlethal restraining device
Complainant: Hispanic Male, 33
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Nonlethal restraining device
Complainant: Hispanic Male, 33
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Nonlethal restraining device
Complainant: Hispanic Male, 33
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Nonlethal restraining device
Complainant: Hispanic Male, 33
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Nonlethal restraining device
Complainant: Hispanic Male, 33
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Nonlethal restraining device
Complainant: Hispanic Male, 33
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Nonlethal restraining device
Complainant: Hispanic Male, 33
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Nonlethal restraining device
Complainant: Hispanic Male, 33
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Nonlethal restraining device
Complainant: Hispanic Male, 33
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Closed: Retained, with discipline
APU Case Status: Closed: Retained, with discipline, April 2021
Penalty: Dismissal Probation
Documents: Complaint Closing Report
APU Quarterly Report summary
additional details

Complaint #201801900, October 2017
Allegation: Force: Physical force
Complainant: Hispanic Male, 28
CCRB Conclusion: Alleged Victim Uncooperative
Documents: Complaint Closing Report
additional details

Complaint #201214546, December 2012
Allegation: Force: Physical force
Complainant: Hispanic Male, 25
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201106757, May 2011
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: Hispanic Male, 16
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200913888, September 2009
Allegation: Force: Physical force
Complainant: Hispanic Male, 30
CCRB Conclusion: Exonerated
Allegation: Force: Radio as club
Complainant: Hispanic Male, 30
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 30
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200907531, May 2009
Allegation: Force: Chokehold
Complainant: Black Male, 21
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 21
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200905895, April 2009
Allegation: Abuse of Authority: Property damaged
Complainant: Black Male, 31
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200504839, May 2005
Allegation: Abuse of Authority: Vehicle search
Complainant: Hispanic Male, 26
CCRB Conclusion: Substantiated (Charges)
Penalty: Instructions
additional details

Complaint #200503117, March 2005
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Hispanic Male, 28
CCRB Conclusion: Unfounded
Allegation: Force: Physical force
Complainant: Hispanic Male, 28
CCRB Conclusion: Exonerated
additional details

Complaint #200500177, December 2004
Allegation: Force: Physical force
Complainant: Male, 26
CCRB Conclusion: Exonerated
additional details

Complaint #200402459, March 2004
Allegation: Abuse of Authority: Question and/or stop
Complainant: Hispanic Male, 20
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Hispanic Male, 20
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 20
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Threat of arrest
Complainant: Hispanic Male, 23
CCRB Conclusion: Unfounded
Allegation: Offensive Language: Sexual orientation
Complainant: Hispanic Male, 20
CCRB Conclusion: Unfounded
Allegation: Force: Physical force
Complainant: Hispanic Male, 23
CCRB Conclusion: Unfounded
additional details

Complaint #200310267, December 2003
Allegation: Force: Physical force
Complainant: Black Male, 23
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 23
CCRB Conclusion: Alleged Victim Uncooperative
additional details

Complaint #200309391, November 2003
Allegation: Abuse of Authority: Frisk and/or search
Complainant: Hispanic Male, 15
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Question and/or stop
Complainant: Hispanic Male, 15
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200306612, August 2003
Allegation: Force: Physical force
Complainant: Hispanic Male, 24
CCRB Conclusion: Exonerated
additional details

Complaint #201808136, October 2018
Allegation Complainant CCRB Conclusion
Abuse of Authority: Interference with recording White Female, 45 Complainant Uncooperative
additional details
Complaint #201808324, September 2018
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Male Unsubstantiated
Force: Chokehold Hispanic Male, 20 Substantiated (Charges)
Force: Restricted Breathing Hispanic Male, 20 Substantiated (Charges)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details
Complaint #201805943, July 2018
Allegation Complainant CCRB Conclusion
Force: Nonlethal restraining device Hispanic Male, 33 Substantiated (Charges)
Force: Chokehold Hispanic Male, 33 Unsubstantiated
Force: Physical force Hispanic Male, 33 Substantiated (Charges)
Force: Chokehold Hispanic Male, 33 Substantiated (Charges)
Force: Restricted Breathing Hispanic Male, 33 Substantiated (Charges)
Force: Nonlethal restraining device Hispanic Male, 33 Substantiated (Charges)
Force: Nonlethal restraining device Hispanic Male, 33 Substantiated (Charges)
Force: Nonlethal restraining device Hispanic Male, 33 Substantiated (Charges)
Force: Nonlethal restraining device Hispanic Male, 33 Substantiated (Charges)
Force: Nonlethal restraining device Hispanic Male, 33 Substantiated (Charges)
Force: Nonlethal restraining device Hispanic Male, 33 Substantiated (Charges)
Force: Nonlethal restraining device Hispanic Male, 33 Substantiated (Charges)
Force: Nonlethal restraining device Hispanic Male, 33 Substantiated (Charges)
Force: Nonlethal restraining device Hispanic Male, 33 Substantiated (Charges)
Force: Nonlethal restraining device Hispanic Male, 33 Substantiated (Charges)
Force: Nonlethal restraining device Hispanic Male, 33 Substantiated (Charges)
Force: Nonlethal restraining device Hispanic Male, 33 Substantiated (Charges)
Force: Nonlethal restraining device Hispanic Male, 33 Substantiated (Charges)
NYPD Conclusion: APU Closed: Retained, with discipline
APU Case Status: Closed: Retained, with discipline, April 2021
Penalty: Dismissal Probation
Documents: Complaint Closing Report
APU Quarterly Report summary
additional details
Complaint #201801900, October 2017
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 28 Alleged Victim Uncooperative
Documents: Complaint Closing Report
additional details
Complaint #201214546, December 2012
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 25 Complainant Uncooperative
additional details
Complaint #201106757, May 2011
Allegation Complainant CCRB Conclusion
Force: Nightstick as club (incl asp & baton) Hispanic Male, 16 Complainant Uncooperative
additional details
Complaint #200913888, September 2009
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 30 Exonerated
Force: Radio as club Hispanic Male, 30 Unsubstantiated
Discourtesy: Word Hispanic Male, 30 Unsubstantiated
additional details
Complaint #200907531, May 2009
Allegation Complainant CCRB Conclusion
Force: Chokehold Black Male, 21 Unsubstantiated
Abuse of Authority: Threat of arrest Black Male, 21 Unsubstantiated
additional details
Complaint #200905895, April 2009
Allegation Complainant CCRB Conclusion
Abuse of Authority: Property damaged Black Male, 31 Unsubstantiated
additional details
Complaint #200504839, May 2005
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Hispanic Male, 26 Substantiated (Charges)
Penalty: Instructions
additional details
Complaint #200503117, March 2005
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of force (verbal or physical) Hispanic Male, 28 Unfounded
Force: Physical force Hispanic Male, 28 Exonerated
additional details
Complaint #200500177, December 2004
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 26 Exonerated
additional details
Complaint #200402459, March 2004
Allegation Complainant CCRB Conclusion
Abuse of Authority: Question and/or stop Hispanic Male, 20 Exonerated
Force: Physical force Hispanic Male, 20 Exonerated
Discourtesy: Word Hispanic Male, 20 Unfounded
Abuse of Authority: Threat of arrest Hispanic Male, 23 Unfounded
Offensive Language: Sexual orientation Hispanic Male, 20 Unfounded
Force: Physical force Hispanic Male, 23 Unfounded
additional details
Complaint #200310267, December 2003
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 23 Alleged Victim Uncooperative
Abuse of Authority: Vehicle stop Black Male, 23 Alleged Victim Uncooperative
additional details
Complaint #200309391, November 2003
Allegation Complainant CCRB Conclusion
Abuse of Authority: Frisk and/or search Hispanic Male, 15 Unsubstantiated
Abuse of Authority: Question and/or stop Hispanic Male, 15 Unsubstantiated
additional details
Complaint #200306612, August 2003
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 24 Exonerated
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.
'Substantiated': The alleged conduct 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.
'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: 2018-19958
Closed: 3/19/2019
Case Details:
  1. Guilty: Wrongfully used a chokehold.
  2. Guilty: Wrongfully restricted breathing.
Penalty: Dismissal probation (12 months), forfeiture of time/leave balances, service retirement

Case: 2019-20099
Closed: 3/19/2019
Case Details:
  1. Guilty: Wrongfully used a chokehold.
Penalty: Dismissal probation (12 months), forfeiture of time/leave balances, service retirement


Lawsuits

Named in 7 known lawsuits, $799,000 total settlements.

Rodriguez, Esmeralda vs City of New York, et al.
Case # 20CV04626, U.S. District Court - Southern District NY, June 17, 2020, ended January 20, 2021
$16,500 Settlement
Complaint
Description: On July 14, 2018, plaintiff was listening to music with friends outside of a friend's car dealership. Detective Fabio Nunez and Police Officer Shanee Hansler approached the group and demanded identification. Plaintiff saw the officers taser her friend and place him in a chokehold as he was walking away. When plaintiff asked them to stop, she was also tasered and handcuffed tightly. The officers lied and said plaintiff attacked the officers, leading to her charge of obstructing governmental administration in the second degree. Police Officer David Callan testified falsely to this effect to the DA. The charge was ultimately dismissed and sealed.

Medina, Tomas vs City of New York, et al.
Case # 19CV09412, U.S. District Court - Southern District NY, November 1, 2019, ended July 20, 2021
$562,500 Settlement
Complaint
Description: On July 14, 2018, officers Nunez and Hansler approached Mr. Medina and his friends on the street where they were listening to music which the officers thought was too loud. Nunez applied a chokehold and shocked Mr. Medina 13 times with a taser. Over twenty officers responded and no one intervened. An unnamed officer slapped Mr. Medina while he was in handcuffs. Officers Siciliano and Htoo conducted an improper search both in the parking lot and also in the precinct, where they pulled down Mr. Medina's pants and left him in his boxers in full view of the precinct. Mr. Medina was falsely charged with assaulting an officer, attempted resisting arrest, attempted obstructing governmental administration, and attempte...

Martinez, Luis, et al. vs City of New York, et al.
Case # 300571/2013, Supreme Court - Bronx, February 5, 2013, ended July 15, 2013
$40,000 Settlement
Complaint
Description: On the morning of February 10, 2016, Luis Martinez was leaving his home at 407 West 205th Street. POs Nunez, Lichtbraun, South, and Judge stopped Mr. Martinez, assaulted him, and arrested him. The officers destroyed and damaged his furniture and stole money, three necklaces, a diamond bracelet, and six rings from from Prisca Martinez.

Antun v. The City of New York et al
Case # 10CV07137, U.S. District Court - Southern District NY
$60,000 Settlement
Complaint, Stipulation
Description: Wellington Antun was walking down the street when he was suddenly approached by several plain clothes officers. Mr. Antun did not know they were police and ran. When the police identified themselves, Mr. Antun stopped. The officers struck Mr. Antun in the head with the butt of a gun, knocked him to the ground, kicked him in the ribs, and punched him in the face. Antun suffered a concussion, head trauma, bruises, lacerations, and received three staples in his head as a result of the force used by officers. The officers charged him with drug possession, filled out false police reports, and gave false and misleading testimony regarding the circumstances of the arrest. The charges were dismissed after eight months.

Adames v. The City of New York et al
Case # 10CV07966, U.S. District Court - Southern District NY
$20,000 Settlement
Stipulation

Cabreja v. City of New York et al
Case # 06CV02229, U.S. District Court - Southern District NY
$100,000 Settlement
Stipulation, Complaint
Description: Wilkins Cabreja and friends were on a street corner, when Officer Nunez and his sergeant, Sgt. Hernandez, both known to Cabreja and his friends as cops, approached. Mr. Cabreja used a derogatory term to describe the officers ("these c---suckers don't have anything better to do with their time."). The officers grabbed Mr. Cabreja and one of his friends, threatened to arrest them, and threatened to snap their arms. One of the officers pulled Mr. Cabreja's arm behind his back and fractured his humerus bone.

Soto v. The City of New York et al
Case # 08CV06624, U.S. District Court - Southern District NY
Settlement
Complaint, Order
Description: Steven Soto was assaulted and arrested by NYPD officers without cause on November 24, 2007 at approximately 1:52 am inside a McDonalds. Mr. Soto was charged with resisting arrest and disorderly conduct. Officers claimed that Soto approached the officer in a fighting stance and lunged at him. The assault on Me. Soto caused injuries, including lacerations and bruises, to his face, head, jaw, neck, shoulders and chest. He was treated at the Harlem Hospital Center and Bronx-Lebanon hospital.