Complaint #202307695,
August 15, 2023

Officer: Henn, Brian
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unfounded
Officer: Henn, Brian
Complainant: Black Female, 70-74
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Henn, Brian
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Within NYPD Guidelines
Officer: Vivas, Miguel
Complainant: Black Female, 70-74
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Within NYPD Guidelines
Officer: Vivas, Miguel
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Within NYPD Guidelines
Officer: Henn, Brian
Allegation: Abuse of Authority: Entry of Premises
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unable to Determine
Officer: Vivas, Miguel
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unable to Determine
Officer: Vivas, Miguel
Complainant: Male, 70-74
Allegation: Abuse of Authority: Improper use of body-worn camera
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Henn, Brian
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Within NYPD Guidelines
Officer: Henn, Brian
Complainant: Black Male, 40-44
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Within NYPD Guidelines
Officer: Vivas, Miguel
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Unable to Determine
Officer Complainant Allegation CCRB Board Conclusion
Henn, Brian Black Male, 40-44 Abuse of Authority: Threat of arrest Unfounded
Henn, Brian Black Female, 70-74 Abuse of Authority: Threat to damage/seize property Substantiated (Formalized Training)
Henn, Brian Abuse of Authority: Threat of arrest Within NYPD Guidelines
Vivas, Miguel Black Female, 70-74 Abuse of Authority: Threat of arrest Within NYPD Guidelines
Vivas, Miguel Black Male, 40-44 Abuse of Authority: Threat of arrest Within NYPD Guidelines
Henn, Brian Abuse of Authority: Entry of Premises Unable to Determine
CCRB Investigator Recommendation: Substantiated
Vivas, Miguel Abuse of Authority: Entry of Premises Unable to Determine
Vivas, Miguel Male, 70-74 Abuse of Authority: Improper use of body-worn camera Substantiated (Command Discipline A)
Henn, Brian Black Male, 40-44 Abuse of Authority: Threat of arrest Within NYPD Guidelines
Henn, Brian Black Male, 40-44 Abuse of Authority: Threat of arrest Within NYPD Guidelines
Vivas, Miguel Abuse of Authority: Search of Premises Unable to Determine

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unable to Determine': The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Within NYPD Guidelines': The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusions.


Penalties

Henn, Brian
Formalized Training

Vivas, Miguel
Pending
APU - Decision Pending

Details

Incident: August 15, 2023
Received: August 16, 2023
Closed: January 21, 2025
Last Updated: March 21, 2025

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Apartment/house
In NYPD 69th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Nicholas Pagliarulo, Christopher Torres
Body-Worn Camera evidence collected
Video evidence collected