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.
'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.
Named in 5 known lawsuits, $198,000 total settlements.
Nivicela, Pablo vs City of New York, et al.
Case # 504995/2017,
Supreme Court - Kings, March 16, 2017, ended August 23, 2018
$12,500 Settlement
Francisco, Edwin, et al. vs City of New York, et al.
Case # 15CV00402,
U.S. District Court - Eastern District NY, January 28, 2015, ended August 6, 2015
$58,000 Settlement
Complaint
Description: On April 13, 2014, Defendant Officers Ramon Cabral and Francis Maurio arrived in their patrol car, confronted Plaintiffs Edwin and Estarlin Francisco, who were lawfully at the premise, and demanded identifications. Defendant Officers told Plaintiffs that they were responding to a noise complaint, to which Plaintiffs explained to Officers that they were not the source of the noise. After a verbal dispute about whether Plaintiffs had done anything wrong, the Officers told Plaintiffs that they were under arrest. After Plaintiff Estarlin Francisco questioned the Officers' actions, the Officers pepper sprayed Plaintiff Estarlin without justification and handcuffed him excessively tight. The officers then handcuffed ...
Morston, Barry vs Police Officer Cabral, Ramon E., et al.
Case # 14CV05079,
U.S. District Court - Eastern District NY, September 8, 2014, ended September 28, 2017
Settlement
Complaint
Description: On the evening of October 8, 2011, plaintiff Barry Morston was present in Room 301 of the Sunny 39 Hotel, located at 517 39th Street in Kings County. Plaintiff was the guest of Andre Deluca. At approximately 11:40 p.m., plaintiff attempted to leave the room, at which point Officer Cabral did not permit Plaintiff to leave the room and instead forcefully entered Room 301 by pushing
the door open with his gun drawn, detaining Plaintiff. Cabral did not have and did not attempt to obtain a warrant. Upon unlawfully entering Room 301, Cabral shouted “freeze” to Mr. Morston, and ordered him to raise his hands in the air and “shut the fuck up and do as you’re told.” Plaintiff complied. Cabral then conducted a frisk of P...
Forrester, James vs City of New York, et al.
Case # 13CV06324,
U.S. District Court - Eastern District NY, December 11, 2013, ended June 11, 2014
$22,500 Settlement
Complaint
Description: On February 25, 2012, plaintiff was driving home, which he shared with his wife and children, on 10th Avenue, Brooklyn, NY. At a stop light, a woman approached his passenger side window and asked "How are you doing?". Plaintiff answered, "What's up?" The woman asked "Do you have any money?" Plaintiff answered "Yes". Plaintiff was suddenly surrounded by police officers. Defendants removed plaintiff from his vehicle and took him to a police van. Over the hour, several other men were arrested by the same team. Plaintiff was charged with Patronizing a Prostitute. Defendants made false accusations in the criminal complaint and all criminal charges were dismissed on June 11, 2012 when the judge found that the arrest ...
I.C., Jr. et al v. City of New York et al
Case # 10CV05961,
U.S. District Court - Eastern District NY
$105,000 Settlement
Stipulation,
Third Amended Complaint
Description: Plaintiff 1's wife called defendant officers, one of which she was having an affair with, to come in response to Plaintiff's alleged violation of an order of protection. Officers physically assaulted and pepper sprayed Plaintiffs. Plaintiff 2 charged with OGA and Resisting Arrest, which were later dismissed. Plaintiff 1's charges were dismissed. Plaintiffs 3 and 4 were charged with felony assaults on police, which were ACD'd.