Juan R. Martinezcabrera

Badge #4289, Hispanic Male
Police Officer at 40th Precinct since May 2019
Service started April 2018, Tax #965791

Substantiated Allegations:
Abuse of Authority: Failure to provide RTKA card

Discipline Cases:

Case: 2022-26416
Closed: 10/5/2022

View Details

Lawsuit settlements:
$60,000   Balde, Alpha vs City of New York, et al., 2023 BCSC BCSC 808269/2023E
$215,000   Alejandro, Evan, et Al vs City of New York, 2023 BCSC BCSC 802681/2023E
$75,000   Williams, Delrhon vs City of New York, et al., 2022 BCSC BCSC 816544/2022E
$60,000   Acosta, Stephanie vs City of New York, et al., 2022 BCSC BCSC 816061/2022E
View Details

Complaints

7 Complaints
13 Allegations
1 Substantiated
1 Substantiated (Command Discipline A)
3 Closed - Pending Litigation
3 Exonerated
1 Unable to Determine
1 Unfounded
1 Unsubstantiated
3 Within NYPD Guidelines

Complaint #202303362, April 2023
Allegation: Force: Physical force
Complainant: Black Male, 30-34
CCRB Conclusion: Closed - Pending Litigation
Allegation: Force: Restricted Breathing
Complainant: Black Male, 30-34
CCRB Conclusion: Closed - Pending Litigation
additional details

Complaint #202301228, February 2023
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Hispanic Male, 10-14
CCRB Conclusion: Substantiated (Command Discipline A)
additional details

Complaint #202202777, May 2022
Allegation: Abuse of Authority: Threat of arrest
Complainant: Hispanic Male, 25-29
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Other
Complainant: Hispanic Male, 25-29
CCRB Conclusion: Unable to Determine
additional details

Complaint #202106547, October 2021
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Within NYPD Guidelines
Allegation: Force: Physical force
Complainant: Hispanic Female, 40-44
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #202102187, March 2021
Allegation: Force: Physical force
Complainant: Hispanic Male, 30-34
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 30-34
CCRB Conclusion: Unsubstantiated
additional details

Complaint #202101522, February 2021
Allegation: Force: Hit against inanimate object
Complainant: Age 40-44
CCRB Conclusion: Closed - Pending Litigation
additional details

Complaint #202006011, August 2020
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Female, 50-54
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 40-44
CCRB Conclusion: Exonerated
additional details

Complaint #202303362, April 2023
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 30-34 Closed - Pending Litigation
Force: Restricted Breathing Black Male, 30-34 Closed - Pending Litigation
additional details
Complaint #202301228, February 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Failure to provide RTKA card Hispanic Male, 10-14 Substantiated (Command Discipline A)
additional details
Complaint #202202777, May 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Hispanic Male, 25-29 Within NYPD Guidelines
Abuse of Authority: Other Hispanic Male, 25-29 Unable to Determine
additional details
Complaint #202106547, October 2021
Allegation Complainant CCRB Conclusion
Abuse of Authority: Entry of Premises Within NYPD Guidelines
Force: Physical force Hispanic Female, 40-44 Unfounded
Abuse of Authority: Entry of Premises Within NYPD Guidelines
additional details
Complaint #202102187, March 2021
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 30-34 Exonerated
Discourtesy: Word Hispanic Male, 30-34 Unsubstantiated
additional details
Complaint #202101522, February 2021
Allegation Complainant CCRB Conclusion
Force: Hit against inanimate object Age 40-44 Closed - Pending Litigation
additional details
Complaint #202006011, August 2020
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Black Female, 50-54 Exonerated
Abuse of Authority: Threat of arrest Black Male, 40-44 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.
'Unable to Determine': CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.
'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.
'Within NYPD Guidelines': The alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusion definitions.


Discipline

Case: 2022-26416
Closed: 10/5/2022
Case Details:
  1. Exercised excessive force.
Penalty: B - Command Discipline, vacation days (5 days)
Recommendation: Command Discipline - B


Lawsuits

Named in 9 known lawsuits, $410,000 total settlements.

Fernandez, Jayden vs City of New York
Case # 816581/2023E, Supreme Court - Bronx, October 23, 2023

Sanchez-Lopez, Carlos et Al, vs City of New York, et al.
Case # 814790/2023E, Supreme Court - Bronx, September 27, 2023

Balde, Alpha vs City of New York, et al.
Case # 811043/2023E, Supreme Court - Bronx, July 20, 2023

Balde, Alpha vs City of New York, et al.
Case # 808269/2023E, Supreme Court - Bronx, May 26, 2023, ended January 19, 2024
$60,000 Settlement

Pierson, Haashim vs City of New York, et al.
Case # 806171/2023E, Supreme Court - Bronx, April 25, 2023

Alejandro, Evan, et Al vs City of New York
Case # 802681/2023E, Supreme Court - Bronx, February 16, 2023, ended January 19, 2024
$215,000 Settlement

Williams, Delrhon vs City of New York, et al.
Case # 816544/2022E, Supreme Court - Bronx, November 7, 2022, ended May 18, 2023
$75,000 Settlement
Complaint
Description: On June 3, 2022, at approximately 8:00 p.m., in the vicinity of East 149th Street and Concord Avenue, County of Bronx, NY, defendants P.O Martinez Cabrera and others without legal justification or excuse stopped, searched, grabbed, assaulted, battered, and detained the plaintiff in an aggressive and excessive manner. Defendants transported the plaintiff to the Precinct where he was incarcerated for over 24 hours. As a result, the plaintiff was required to make numerous court appearances over an extended period of time until all charges against him were terminated favorably.

Acosta, Stephanie vs City of New York, et al.
Case # 816061/2022E, Supreme Court - Bronx, October 28, 2022, ended April 5, 2023
$60,000 Settlement
Complaint
Description: On July 17, 2022, Plaintiff was summarily stopped, searched, grabbed, assaulted, battered, and detained her in an aggressive and excessive manner by the defendants solely on the basis of her race by Defendants Martinez Cabrera and other unknown police officers, without any probable cause or any legal justification. Plaintiff was caused to sustain serious, severe, painful and permanent bodily injuries. Plaintiff was then falsely and maliciously prosecuted without committing any crime.

Roberson, Bianca vs City of New York, et al.
Case # 817335/2021E, Supreme Court - Bronx, January 4, 2022
Complaint
Description: On April 10, 2021, POs Martinez Cabrera and John Does 1-10 approached Plaintiff and accused her of violating an order of protection. Plaintiff correctly told POs that the order of protection was a limited order of protection and that she had not violated it, but the POs grabbed Plaintiff and began to arrest her anyways. Plaintiff was knocked to the ground and the POs continued to forcefully grab her, strike her body, and involved her former romantic partner in the arrest, who also grabbed and shoved Plaintiff at the same time as the POs. Plaintiff then suffered a tonic-clonic seizure, was arrested and taken to the hospital for treatment. After being in police custody for 30 hours, Plaintiff was taken to Booking...