David Hernandez

Badge #21763, Hispanic Male
Former Police Officer at Career Development Division
Also served at 63rd Precinct
Service started July 2005, ended May 2017, Tax #938659


Lawsuit settlements:
$75,000   Hardwell v. City Of New York, et al., NYCSC NYCSC 152765/2013
$26,250   Belle v. City Of New York, et al., SDNY SDNY 13CV04304
$15,000   Drayton v. The City of New York, SDNY SDNY 09CV02987
View Details

Complaints

6 Complaints
12 Allegations
0 Substantiated
4 Exonerated
2 Unfounded
6 Unsubstantiated

Complaint #201214071, November 2012
Allegation: Force: Other
Complainant: White Male, 56
CCRB Conclusion: Exonerated
additional details

Complaint #201112612, September 2011
Allegation: Force: Pepper spray
Complainant: Hispanic Male, 45
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 45
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Hispanic Male, 45
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201101465, January 2011
Allegation: Force: Handcuffs too tight
Complainant: Black Female, 18
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Female, 18
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Black Female, 18
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Female
CCRB Conclusion: Unfounded
additional details

Complaint #200814368, October 2008
Allegation: Discourtesy: Action
Complainant: White Male, 28
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200810796, July 2008
Allegation: Discourtesy: Word
Complainant: Black Male, 28
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Action
Complainant: Black Male, 28
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200811168, July 2008
Allegation: Abuse of Authority: Vehicle search
Complainant: White Male, 33
CCRB Conclusion: Exonerated
additional details

Complaint #201214071, November 2012
Allegation Complainant CCRB Conclusion
Force: Other White Male, 56 Exonerated
additional details
Complaint #201112612, September 2011
Allegation Complainant CCRB Conclusion
Force: Pepper spray Hispanic Male, 45 Unsubstantiated
Discourtesy: Word Hispanic Male, 45 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Hispanic Male, 45 Unsubstantiated
additional details
Complaint #201101465, January 2011
Allegation Complainant CCRB Conclusion
Force: Handcuffs too tight Black Female, 18 Unfounded
Abuse of Authority: Threat of force (verbal or physical) Black Female, 18 Exonerated
Force: Physical force Black Female, 18 Exonerated
Discourtesy: Word Female Unfounded
additional details
Complaint #200814368, October 2008
Allegation Complainant CCRB Conclusion
Discourtesy: Action White Male, 28 Unsubstantiated
additional details
Complaint #200810796, July 2008
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 28 Unsubstantiated
Discourtesy: Action Black Male, 28 Unsubstantiated
additional details
Complaint #200811168, July 2008
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search White Male, 33 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.
'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: 2009-2672
Opened: 11/9/2009
Closed: 8/17/2011
Case Details:
  1. Guilty: Engaged in a physical altercation with a person known to the Department
  2. Guilty: Having been involved in a police incident while off-duty, failed to report said incident to the Department
Penalty: Forfeiture of eighteen (18) vacation days


Lawsuits

Named in 5 known lawsuits, $116,250 total settlements.

Mansour v. City Of New York
Case # 023532/2018E, Supreme Court - Bronx

Hardwell v. City Of New York, et al.
Case # 152765/2013, Supreme Court - New York
$75,000 Settlement

Belle v. City Of New York, et al.
Case # 13CV04304, U.S. District Court - Southern District NY
$26,250 Settlement

Cruz v. City of New York et al
Case # 17CV00640, U.S. District Court - Southern District NY
Complaint
Description: Plaintiff was getting soda at a local deli when defendants burst into the deli. Allegedly, defendant Hernandez saw the plaintiff holding a Pringles can that had several bags of marijuana removed from it. Plaintiff and a deli employee swear that the plaintiff was nowhere near a Pringles can. Plaintiff was taken to the 32rd precinct where he was strip searched and held for three days before being ROR. The case was dismissed a year later.

Drayton v. The City of New York
Case # 09CV02987, U.S. District Court - Southern District NY
$15,000 Settlement
Stipulation, Complaint
Description: PO Hernandez stopped Plaintiff, searched him, pushed him against a wall, and hit him in the face, resulting in a fractured elbow. Plaintiff was arrested and charged with 205.30 Resisting Arrest and 240.20(3) Disorderly Conduct, which were ROR'ed. One moth later POs Gregorio, Marquez, and Sanchez stopped, severely assaulted, arrested, and charged Plaintiff with AC10.125(b) Consumption of Alcohol in a Public Place, 205.30 Resisting Arrest, 265.01(2) And Criminal Possession of a Weapon in the Fourth Degree. Charges from both matters were dismissed