Scott M. Berger

Badge #1326, White Male, 40
Detective Grade 3 at Auto Crime since January 2018
Service started July 2010, made $170,000 last year, Tax #948659

Substantiated Allegations:
Force: Gun Pointed
Force: Physical force (2)
Abuse of Authority: Stop
Offensive Language: Race

Lawsuit Settlements:
$12,500   Palermo, Hector vs City of New York, et al., 2015 SDNY SDNY 15CV06370
$22,500   Nunez, Wairon vs City of New York, et al., 2015 SDNY SDNY 15CV00051
View Details

Complaints

9 Complaints
16 Allegations
5 Substantiated
4 Substantiated (Charges)
1 Substantiated (Command Discipline B)
1 Complainant Unavailable
1 Complainant Uncooperative
1 Complaint Withdrawn
3 Exonerated
5 Unsubstantiated

Complaint #201403417, April 2014
Allegation: Force: Physical force
Complainant: Hispanic Male, 21
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
Documents: Complaint Closing Report
additional details

Complaint #201403006, March 2014
Allegation: Abuse of Authority: Vehicle search
Complainant: Hispanic Male, 38
CCRB Conclusion: Complainant Uncooperative
Documents: Complaint Closing Report
additional details

Complaint #201307492, August 2013
Allegation: Force: Physical force
Complainant: White Male, 17
CCRB Conclusion: Complainant Unavailable
Documents: Complaint Closing Report
additional details

Complaint #201307133, August 2013
Allegation: Force: Pepper spray
Complainant: Black Male, 29
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Black Male, 29
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201303470, April 2013
Allegation: Force: Physical force
Complainant: Hispanic Male, 26
CCRB Conclusion: Complaint Withdrawn
Documents: Complaint Closing Report
additional details

Complaint #201211421, August 2012
Allegation: Force: Gun Pointed
Complainant: Hispanic Male, 31
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Physical force
Complainant: Hispanic Male, 31
CCRB Conclusion: Substantiated (Charges)
Allegation: Offensive Language: Race
Complainant: Hispanic Male, 31
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Guilty
APU Plea Penalty: Forfeit vacation 10 days
APU Case Status: Closed: Resolved by plea, June 17, 2015
Penalty: Forfeit vacation 10 days
Documents: Complaint Closing Report
Complaint Interview Details
additional details

Complaint #201106272, May 2011
Allegation: Force: Hit against inanimate object
Complainant: Hispanic Male, 41
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 41
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201104672, April 2011
Allegation: Force: Physical force
Complainant: Black Male, 26
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Black Male, 26
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 26
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 26
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
Documents: Complaint Closing Report
additional details

Complaint #201104137, March 2011
Allegation: Force: Physical force
Complainant: Hispanic Male, 34
CCRB Conclusion: Exonerated
Documents: Complaint Closing Report
additional details

Complaint #201403417, April 2014
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 21 Substantiated (Command Discipline B)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
Documents: Complaint Closing Report
additional details
Complaint #201403006, March 2014
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Hispanic Male, 38 Complainant Uncooperative
Documents: Complaint Closing Report
additional details
Complaint #201307492, August 2013
Allegation Complainant CCRB Conclusion
Force: Physical force White Male, 17 Complainant Unavailable
Documents: Complaint Closing Report
additional details
Complaint #201307133, August 2013
Allegation Complainant CCRB Conclusion
Force: Pepper spray Black Male, 29 Exonerated
Force: Physical force Black Male, 29 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201303470, April 2013
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 26 Complaint Withdrawn
Documents: Complaint Closing Report
additional details
Complaint #201211421, August 2012
Allegation Complainant CCRB Conclusion
Force: Gun Pointed Hispanic Male, 31 Substantiated (Charges)
Force: Physical force Hispanic Male, 31 Substantiated (Charges)
Offensive Language: Race Hispanic Male, 31 Substantiated (Charges)
NYPD Conclusion: APU Guilty
APU Plea Penalty: Forfeit vacation 10 days
APU Case Status: Closed: Resolved by plea, June 17, 2015
Penalty: Forfeit vacation 10 days
Documents: Complaint Closing Report
Complaint Interview Details
additional details
Complaint #201106272, May 2011
Allegation Complainant CCRB Conclusion
Force: Hit against inanimate object Hispanic Male, 41 Exonerated
Discourtesy: Word Hispanic Male, 41 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201104672, April 2011
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 26 Unsubstantiated
Discourtesy: Word Black Male, 26 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Black Male, 26 Unsubstantiated
Abuse of Authority: Stop Black Male, 26 Substantiated (Charges)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
Documents: Complaint Closing Report
additional details
Complaint #201104137, March 2011
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 34 Exonerated
Documents: Complaint Closing Report
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.
'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 4 known lawsuits, $35,000 total settlements.

Bare, Ramon vs City of Ny, et al.
Case # 157426/2021, Supreme Court - New York, September 9, 2021
Complaint
Description: On June 4, 2018, the plaintiff was a lawful passenger in his friend’s vehicle when they arrived at a location, where a man had asked to be dropped off. When the vehicle pulled into the parking lot, the individually named defendant police officers suddenly surrounded the vehicle, broke several of its windows, forcefully and aggressively opened the doors, and physically removed the plaintiff and the other occupants. The defendant police officers assaulted and battered the plaintiff, subjecting him to excessive force by dragging him across the ground, causing bruises and cuts all over his body. Thereafter, the defendants unlawfully searched the plaintiff and the vehicle without probable cause or legal justificatio...

Martinez, Edickson vs City of Ny, et al.
Case # 157427/2021, Supreme Court - New York, September 9, 2021
Complaint
Description: On or about June 4, 2018 at approximately 3:00 p.m., at which time plaintiff was a lawful passenger in a vehicle driven by a friend in the vicinity of 13-39 College Point Blvd, Queens, New York, when officers Kathy Martinez, Bilal Ates, Scott Berger, Robert Smith, Laurance Laverty, Emrah Ates, Soltan Dobrossy, John Denora, John Salmieri, Washington Mosquera and undercover officer UC#C0249 (together the "defendants") suddenly surrounded the vehicle, broke several of the windows of the vehicle, forcefully and aggressively opened the doors of the vehicle, physically removed plaintiff from the vehicle, assaulted and battered plaintiff and subjected plaintiff to the use of excessive force and dragged plaintiff acro...

Palermo, Hector vs City of New York, et al.
Case # 15CV06370, U.S. District Court - Southern District NY, August 26, 2015, ended March 23, 2016
$12,500 Settlement
Complaint
Description: Defendant Officers instructed Plaintiff to get against a wall in the lobby of a building, searched him, tightly handcuffed him, took him to the 41st Precinct (without seat belting him in the car), and charged him with Criminal Trespass in the Second Degree. Charge was eventually dismissed.

Nunez, Wairon vs City of New York, et al.
Case # 15CV00051, U.S. District Court - Southern District NY, January 6, 2015, ended December 10, 2015
$22,500 Settlement
Complaint
Description: On March 30, 2014, Plaintiff was lawfully present at the apartment of a friend when officers kicked the door open and arrested everyone inside. A resident of the apartment identified Plaintiff as an invited guest. Plaintiff was unlawfully brought to central booking, jailed, and had bail set. PO Ahsan Zafar knowingly charged Plaintiff with false crimes. On May 29, 2014, all criminal charges were dismissed in favor of Plaintiff.

Other Documents