David R. Hernandez

Badge #5191, Hispanic Male
Former Detective Grade 3 at Narcotics Borough Bronx
Also served at 32nd Precinct
Service started July 2007, ended July 2024, Tax #944649

Lawsuit Settlements:
$40,000   Cancel, Minerva vs City of New York, et al., 2019 BCSC BCSC 026487/2019E
$35,000   Mansour, Jaber vs City of New York, 2018 BCSC BCSC 023532/2018E
$9,500   Cruz, James vs City of New York, et al., 2017 SDNY SDNY 17CV00640
$26,250   Belle, Terron vs City of New York, et al., 2013 SDNY SDNY 13CV04304
$75,000   Hardwell, Elijah vs City of New York, et al., 2013 NYCSC NYCSC 152765/2013
$60,000   Harell, Warren vs City of New York, et al., 2010 KCSC KCSC 022277/2010
View Details

Complaints

7 Complaints
16 Allegations
0 Substantiated
3 Complainant Uncooperative
1 Exonerated
2 Unfounded
5 Unsubstantiated
5 Victim Unidentified

Complaint #201603089, April 2016
Allegation: Abuse of Authority: Stop
Complainant: Male
CCRB Conclusion: Victim Unidentified
Allegation: Discourtesy: Word
Complainant: Male, 22
CCRB Conclusion: Victim Unidentified
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Male, 22
CCRB Conclusion: Victim Unidentified
Allegation: Force: Chokehold
Complainant: Male
CCRB Conclusion: Victim Unidentified
Allegation: Force: Other
Complainant: Male
CCRB Conclusion: Victim Unidentified
additional details

Complaint #201208947, June 2012
Allegation: Force: Physical force
Complainant: Black Male, 16
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201204735, April 2012
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Male
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Male
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201202326, February 2012
Allegation: Force: Physical force
Complainant: Black Male, 33
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 33
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201113220, October 2011
Allegation: Discourtesy: Word
Complainant: Black Male, 55
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 55
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Male, 55
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200809667, July 2008
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Male, 38
CCRB Conclusion: Unfounded
Allegation: Discourtesy: Word
Complainant: Black Male, 38
CCRB Conclusion: Unfounded
additional details

Complaint #200808384, May 2008
Allegation: Force: Physical force
Complainant: Black Male, 32
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201603089, April 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Male Victim Unidentified
Discourtesy: Word Male, 22 Victim Unidentified
Abuse of Authority: Threat of force (verbal or physical) Male, 22 Victim Unidentified
Force: Chokehold Male Victim Unidentified
Force: Other Male Victim Unidentified
additional details
Complaint #201208947, June 2012
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 16 Complainant Uncooperative
additional details
Complaint #201204735, April 2012
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name/shield number Male Unsubstantiated
Force: Physical force Male Unsubstantiated
additional details
Complaint #201202326, February 2012
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 33 Complainant Uncooperative
Abuse of Authority: Stop Black Male, 33 Complainant Uncooperative
additional details
Complaint #201113220, October 2011
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 55 Unsubstantiated
Force: Physical force Black Male, 55 Exonerated
Abuse of Authority: Refusal to provide name/shield number Black Male, 55 Unsubstantiated
additional details
Complaint #200809667, July 2008
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name/shield number Black Male, 38 Unfounded
Discourtesy: Word Black Male, 38 Unfounded
additional details
Complaint #200808384, May 2008
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 32 Unsubstantiated
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.
'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.

Further details on conclusions.


Lawsuits

Named in 7 known lawsuits, $245,750 total settlements.

Cancel, Minerva vs City of New York, et al.
Case # 026487/2019E, Supreme Court - Bronx, June 20, 2019, ended December 3, 2021
$40,000 Settlement
Complaint
Description: On June 16, 2017, Plaintiff was lawfully standing in the hallway of 815 East 152nd Street, Bronx, New York, in the vicinity of the front door of apartment 6A. While Plaintiff, who was holding her mobile phone in her hand, was in the hallway standing in front of the door of apartment 6A, an individual inside of the apartment opened the door. Suddenly, without any provocation or legal justification, Defendants Hernandez, Green, Estevez, Nin, Kipervaser, Felipe, and, Melhado rushed behind Plaintiff, grabbing and pushing her against a wall inside of the apartment. Inside, Plaintiff, who had begun videotaping the scene with her mobile phone, had the phone confiscated from her hand by a Defendant Officer. Defendant...

Mansour, Jaber vs City of New York
Case # 023532/2018E, Supreme Court - Bronx, March 29, 2018, ended March 7, 2019
$35,000 Settlement
Complaint
Description: On May 26, 2007, at approximately 3:00 p.m., Plaintiff JABER MANSOUR was lawfully, doing nothing illegal, improper or acting suspicious in anyway when he was arrested by several police officers including butnot limited to DETECTIVE DAVID HERNANDEZ, MATTHEW KUHL, MAYKY SANTOS, JHON ROE. Based on fraud, perjury and misrepresentations, the Defendant Officers summarily stopped, searched, grabbed, assaulted, battered, and detained Plaintiff in an aggressive and excessive manner. While in custoday, Defedant Officers touched, pushed, assaulted, battered, violated, strip searched, humiliated, photographed and handcuffed Plaintiff. Plaintiff was incarcelated for over 24 hours and was required to make several court ap...

Cruz, James vs City of New York, et al.
Case # 17CV00640, U.S. District Court - Southern District NY, February 17, 2017, ended August 16, 2017
$9,500 Settlement
Complaint
Description: On February 6, 2015, Plaintiff stopped at his neighborhood deli. He entered and immediately headed to the rear to purchase a soda. Four POs burst into the deli and in a coordinated manner, arrested Plaintiff. PO Hernandez alleged he observed Plaintiff holding a Pringles can and removing several bags of marijuana. A deli employee who witnessed the events signed an affidavit swearing Plaintiff never went near a Pringles can. Plaintiff was taken to the Precinct, subject to a humiliating strip search, and ultimately held for three days. The case was dismissed a year later, after nine court appearances, which cost Plaintiff his job and difficulty in caring for his ill mother and pregnant wife.

Belle, Terron vs City of New York, et al.
Case # 13CV04304, U.S. District Court - Southern District NY, July 15, 2013, ended September 17, 2014
$26,250 Settlement
Complaint
Description: On October 31, 2012, Plaintiff was sleeping in his apartment in Manhattan, when he woke up at 4:30am to sounds of banging on his apartment door. When Plaintiff unlocked and opened the door, Defendant Officers, including Officer Adeleke, entered into Plaintiff’s apartment without a warrant or permission, stating that Plaintiff had an outstanding bench warrant. Defendant Officers did not permit Plaintiff to retrieve proof that his last court case was closed and resolved and continue to arrested Plaintiff, further denying Plaintiff his request to use the bathroom. After being transported to the 32nd precinct, a Defendant Officer spoke to Plaintiff at length in an attempt to gather gang related information, althoug...

Hardwell, Elijah vs City of New York, et al.
Case # 152765/2013, Supreme Court - New York, March 28, 2013, ended November 30, 2016
$75,000 Settlement
Complaint
Description: On April 3, 2012, Plaintiff was saying goodbye to several of his friends on the street corner when he was told by NYPD Defendants to leave. Plaintiff attempted to leave and walked towards the train when Defendants approached him and viciously beat him without provocation. Defendants placed their knees against the head and chest of Plaintiff and punched him. Plaintiff was thrown into a car and against the ground without reason or justification. Defendants called Plaintiff the "n word" then brought to the 32nd and 28th precincts, then brought to Central Booking. Plaintiff was seen before a judge and released, then appeared in court on several occasions. All charges against Plaintiff were ultimately dismissed.

Harell, Warren vs City of New York, et al.
Case # 022277/2010, Supreme Court - Kings, September 13, 2010, ended May 14, 2014
$60,000 Settlement

Eiland, Gregory D. and Eiland, Joi A. vs City of New York, et al.
Case # 105028/2008, Supreme Court - New York, April 10, 2009, ended April 5, 2013
Administrative Closing

Other Documents