Daniel J. Kern

Badge #2831, Hispanic Male, 34
Detective Grade 3 at Warrant Section since July 2018
Service started July 2013, made $141,000 last year, Tax #954999

Substantiated Allegations:
Force: Physical force
Abuse of Authority: Frisk
Abuse of Authority: Retaliatory summons
Abuse of Authority: Search (of person)

Lawsuit settlements:
$15,251   Mccord, Angelica vs City of New York, et al., 2018 SDNY SDNY 18CV08721
$125,000   P., S. an Infant By Mng Mendez, Valentina Rosario, et al. vs City of New York, et al., 2017 BCSC BCSC 026962/2017E
$25,000   Dominguez, Brian vs City of New York, et al., 2017 BCSC BCSC 024012/2017E
$95,000   Puntiel, Xavier vs City of New York, et al., 2016 BCSC BCSC 303114/2016
$50,000   Hale, Steven D. vs City of New York, et al., 2014 BCSC BCSC 305222/2014
View Details

Complaints

8 Complaints
15 Allegations
4 Substantiated
3 Substantiated (Formalized Training)
1 Substantiated (Charges)
1 Alleged Victim Uncooperative
1 Closed - Pending Litigation
1 Complainant Unavailable
2 Exonerated
6 Unsubstantiated

Complaint #202206893, August 2022
Allegation: Force: Gun fired
Complainant: Black Male, 40-44
CCRB Conclusion: Closed - Pending Litigation
additional details

Complaint #202102349, April 2021
Allegation: Force: Physical force
Complainant: Black Male, 30-34
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201808026, September 2018
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Exonerated
additional details

Complaint #201708666, September 2017
Allegation: Abuse of Authority: Strip-searched
Complainant: Male, 28
CCRB Conclusion: Alleged Victim Uncooperative
additional details

Complaint #201601918, March 2016
Allegation: Force: Physical force
Complainant: Hispanic Male, 22
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #201508081, September 2015
Allegation: Force: Physical force
Complainant: Black Male, 18
CCRB Conclusion: Substantiated (Charges)
Allegation: Discourtesy: Word
Complainant: Black Male, 23
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 18
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 18
CCRB Conclusion: Unsubstantiated
NYPD Conclusion: APU Not guilty
APU Case Status: Closed: Not guilty after trial, November 2017
additional details

Complaint #201507307, August 2015
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 37
CCRB Conclusion: Substantiated (Formalized Training)
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 37
CCRB Conclusion: Substantiated (Formalized Training)
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 37
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Retaliatory summons
Complainant: Black Male, 37
CCRB Conclusion: Substantiated (Formalized Training)
Penalty: Formalized Training
additional details

Complaint #201412146, July 2014
Allegation: Abuse of Authority: Frisk
Complainant: Black Female, 33
CCRB Conclusion: Unsubstantiated
additional details

Complaint #202206893, August 2022
Allegation Complainant CCRB Conclusion
Force: Gun fired Black Male, 40-44 Closed - Pending Litigation
additional details
Complaint #202102349, April 2021
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 30-34 Unsubstantiated
additional details
Complaint #201808026, September 2018
Allegation CCRB Conclusion
Abuse of Authority: Entry of Premises Exonerated
Abuse of Authority: Search of Premises Exonerated
additional details
Complaint #201708666, September 2017
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Male, 28 Alleged Victim Uncooperative
additional details
Complaint #201601918, March 2016
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 22 Complainant Unavailable
additional details
Complaint #201508081, September 2015
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 18 Substantiated (Charges)
Discourtesy: Word Black Male, 23 Unsubstantiated
Force: Physical force Black Male, 18 Unsubstantiated
Abuse of Authority: Stop Black Male, 18 Unsubstantiated
NYPD Conclusion: APU Not guilty
APU Case Status: Closed: Not guilty after trial, November 2017
additional details
Complaint #201507307, August 2015
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Black Male, 37 Substantiated (Formalized Training)
Abuse of Authority: Frisk Black Male, 37 Substantiated (Formalized Training)
Abuse of Authority: Threat of arrest Black Male, 37 Unsubstantiated
Abuse of Authority: Retaliatory summons Black Male, 37 Substantiated (Formalized Training)
Penalty: Formalized Training
additional details
Complaint #201412146, July 2014
Allegation Complainant CCRB Conclusion
Abuse of Authority: Frisk Black Female, 33 Unsubstantiated
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 7 known lawsuits, $310,251 total settlements.

Mccord, Angelica vs City of New York, et al.
Case # 18CV08721, U.S. District Court - Southern District NY, September 25, 2018, ended March 25, 2019
$15,251 Settlement
Complaint
Description: On October 16, 2015, plaintiff was outside of an apartment building when NYPD officers, including Sergeant Edwin Ching, asked plaintiff's cousin for his license and registration. After the cousin refused to comply with the request, Ching proceeded to follow plaintiff and forcibly entered plaintiff's family apartment. Ching violently pushed plaintiff and conducted an illegal search. P.O. Tatiana Cruz then handcuffed plaintiff in an excessively tight manner and transported him to a precinct. Plaintiff was later taken to Central Booking and charged based on false allegations made by Cruz and Ching. All charges against Plaintiff were later dismissed.

P., S. an Infant By Mng Mendez, Valentina Rosario, et al. vs City of New York, et al.
Case # 026962/2017E, Supreme Court - Bronx, August 10, 2017, ended November 8, 2018
$125,000 Settlement

Dominguez, Brian vs City of New York, et al.
Case # 024012/2017E, Supreme Court - Bronx, May 17, 2017, ended December 18, 2017
$25,000 Settlement

Cuevas, Alberto, et al. vs City of New York, et al.
Case # 16CV07525, U.S. District Court - Southern District NY, October 5, 2016
Complaint
Description: The plaintiffs were in their apartment when the defendant officers broke down the front door and entered the apartment without a warrant. The officers tightly handcuffed the plaintiffs, used force, ransacked the apartment and stole items, and took them to the 46th Precinct where they were charged with Criminal Possession of Narcotics even though none were present. The DA declined to prosecute.

Puntiel, Xavier vs City of New York, et al.
Case # 303114/2016, Supreme Court - Bronx, October 4, 2016, ended September 21, 2017
$95,000 Settlement

Pilcher, Michelle vs City of New York, et al.
Case # 303261/2015, Supreme Court - Bronx, August 6, 2015
Summons and Complaint

Hale, Steven D. vs City of New York, et al.
Case # 305222/2014, Supreme Court - Bronx, October 3, 2014, ended June 26, 2015
$50,000 Settlement

Other Documents

NYPD Trial Decision 11/17/2017