Brett Hernandez

From LEO Ratings

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Service Record

Agency San Francisco California Police Department
Rank Officer
Badge Number 307[1]
Salary $172,056 (2020)[2]
Last Known Status Suspended[3]

Incident Reports

2019 Detention of Ibrahim Shiheiber

On January 24, 2019, Hernandez and an unrelated Officer Jaqueline Hernandez made contact with Shiheiber, who had parked his car in a no-parking zone.[3]

Hernandez told Shiheiber that he was being detained. Shiheiber refused to be searched, at which point Hernandez grabbed him, took him to the ground, and handcuffed him.[3]

Shiheiber claimed that police searched his car while he was detained.[4]

Shiheiber was issued a citation and released.[3]

The incident was recorded by the officers' body-worn cameras.[3]

Response Timeline

Shiheiber contacted the Department of Police Accountability (DPA).[3]

In November 2019, the DPA notified the Police Chief that their investigation showed that Hernandez's actions had violated Shiheiber's Fourth Amendment protections against unreasonable searches and seizures. The DPA also found that Hernandez's statements about Shiheiber's actions were in contrast to what is seen on video and that the officer "could have just as easily left a ticket on the car".[3]

Hernandez was suspended for 10 days and ordered to receive additional training. Hernandez appealed the suspension.[3]

On January 22, 2021, Shiheiber filed a lawsuit against Hernandez, the Police Department, and the City of San Francisco, claiming violation of his Fourth Amendment rights.[5]

On March 16, 2021, a District Court judge ruled that the SFPD should be dropped from the lawsuit, as police departments are generally not the appropriate target of civil rights lawsuits.[6]

On November 5, 2021, the City was removed from Shiheiber's lawsuit as a pattern of illegal action was not shown.[5]

On February 1, 2022, a judge with the Office of Administrative Hearings upheld Hernandez's suspension.[3]

LEO Ratings

Training and Tactics rating: neutral
Protect & Serve rating: bad
Individual Rights rating: bad
Accountability and Integrity rating: neutral
Off Duty rating: neutral
Ratings Definitions

References

  1. [Shiheiber v SFPD Order Granting Motion to Dismiss], U.S. District Court, 2021-11-05
  2. Brett Hernandez S, Police Officer, San Francisco, govSalaries
  3. 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 Sukey Lewis, 'Damning and Disturbing': SFPD Officer Suspended for Illegally Searching Man Who Parked in a Red Zone, KQED, 2022-04-15
  4. [Shiheiber v SFPD Complaint], U.S. District Court, 2021-01-22
  5. 5.0 5.1 Shiheiber v. Hernandez et al, California Northern District Court, 2021-01-22
  6. Shiheiber v. SFPD, U.S. District Court, 2021-03-15