Scott M. Berger

Badge #1326, White Male, 37
Detective Grade 3 at Auto Crime since January 2018, active
Also served at Patrol Borough Bronx, 41st Precinct
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

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1 Complaint Withdrawn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

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

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

August 2013 Complaint
Allegation: Force: Physical force
Complainant: White Male, 17
CCRB Conclusion: Complainant Unavailable
additional details

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

April 2013 Complaint
Allegation: Force: Physical force
Complainant: Hispanic Male, 26
CCRB Conclusion: Complaint Withdrawn
additional details

August 2012 Complaint
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 2015
Penalty: Forfeit vacation 10 days
Documents: Complaint Closing Report
Complaint Interview Details
additional details

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

April 2011 Complaint
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

March 2011 Complaint
Allegation: Force: Physical force
Complainant: Hispanic Male, 34
CCRB Conclusion: Exonerated
additional details

April 2014 Complaint
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 21 Substantiated (Command Discipline B)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
additional details
March 2014 Complaint
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Hispanic Male, 38 Complainant Uncooperative
additional details
August 2013 Complaint
Allegation Complainant CCRB Conclusion
Force: Physical force White Male, 17 Complainant Unavailable
additional details
August 2013 Complaint
Allegation Complainant CCRB Conclusion
Force: Pepper spray Black Male, 29 Exonerated
Force: Physical force Black Male, 29 Unsubstantiated
additional details
April 2013 Complaint
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 26 Complaint Withdrawn
additional details
August 2012 Complaint
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 2015
Penalty: Forfeit vacation 10 days
Documents: Complaint Closing Report
Complaint Interview Details
additional details
May 2011 Complaint
Allegation Complainant CCRB Conclusion
Force: Hit against inanimate object Hispanic Male, 41 Exonerated
Discourtesy: Word Hispanic Male, 41 Unsubstantiated
additional details
April 2011 Complaint
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
March 2011 Complaint
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 34 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.
'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.


Lawsuits

Named in 4 known lawsuits, $35,000 total settlements.

Bare, Ramon vs City of New York, et al.
Case # 157426/2021, Supreme Court - New York, September 9, 2021

Martinez, Edickson vs City of New York, et al.
Case # 157427/2021, Supreme Court - New York, September 9, 2021

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