Brian P. Martin

Badge #5506, White Male
Former Sergeant at Narcotics Borough Bronx
Service started July 2002, ended December 2023, Tax #930653

Substantiated Allegations:
Abuse of Authority: Entry of Premises
Abuse of Authority: Search (of person)
Abuse of Authority: Search of Premises

Discipline Cases:

Case: 2021-24210
Closed: 1/15/2022
Case: 2013-10591
Closed: 2/26/2015

View Details

Lawsuit settlements:
$18,000   Diallo, Thierno S. vs City of New York, et al., 2020 BCSC BCSC 029977/2020E
$20,000   Ortiz, Matthew vs City of New York, et al., 2017 EDNY EDNY 17CV01386
$13,000   Mclaughlin, Hazel vs City of New York, et al., 2015 EDNY EDNY 15CV04683
$7,500   Holley, Jeffy vs City of New York, et al., 2015 EDNY EDNY 15CV01202
$37,500   Smith, Gregory, et al. vs City of New York, et al., 2014 EDNY EDNY 14CV04776
$18,000   Santiago, Robert vs City of New York, et al., 2013 KCSC KCSC 008472/2013
$168,004   Castro et al v. City of New York et al, SDNY SDNY 11CV03511
View Details

Complaints

3 Complaints
10 Allegations
3 Substantiated
1 Substantiated (Charges)
2 Substantiated (Command Discipline B)
3 Complaint Withdrawn
1 Exonerated
3 Unsubstantiated

Complaint #201909527, November 2019
Allegation: Abuse of Authority: Entry of Premises
Complainant: Black Male, 25-29
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Abuse of Authority: Search of Premises
Complainant: Black Male, 25-29
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Abuse of Authority: Entry of Premises
Complainant: Black Male, 25-29
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Search of Premises
Complainant: Black Male, 25-29
CCRB Conclusion: Unsubstantiated
NYPD Conclusion: APU Command Discipline A
APU Plea Penalty: Forfeit vacation 3 days
APU Case Status: Closed: Resolved by plea, December 2023
Penalty: Forfeit vacation 3 days / Command Discipline A
Documents: Complaint Closing Report
NYPD Plea Agreement
APU Quarterly Report summary
additional details

Complaint #201207181, May 2012
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 46
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Male, 46
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 46
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Not guilty
APU Case Status: Closed: Not guilty after trial, February 2015
additional details

Complaint #201200987, January 2012
Allegation: Abuse of Authority: Stop
Complainant: White Male, 63
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse of Authority: Frisk
Complainant: White Male, 63
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse of Authority: Search (of person)
Complainant: White Male, 63
CCRB Conclusion: Complaint Withdrawn
additional details

Complaint #201909527, November 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Entry of Premises Black Male, 25-29 Substantiated (Command Discipline B)
Abuse of Authority: Search of Premises Black Male, 25-29 Substantiated (Command Discipline B)
Abuse of Authority: Entry of Premises Black Male, 25-29 Unsubstantiated
Abuse of Authority: Search of Premises Black Male, 25-29 Unsubstantiated
NYPD Conclusion: APU Command Discipline A
APU Plea Penalty: Forfeit vacation 3 days
APU Case Status: Closed: Resolved by plea, December 2023
Penalty: Forfeit vacation 3 days / Command Discipline A
Documents: Complaint Closing Report
NYPD Plea Agreement
APU Quarterly Report summary
additional details
Complaint #201207181, May 2012
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 46 Exonerated
Abuse of Authority: Strip-searched Black Male, 46 Unsubstantiated
Abuse of Authority: Search (of person) Black Male, 46 Substantiated (Charges)
NYPD Conclusion: APU Not guilty
APU Case Status: Closed: Not guilty after trial, February 2015
additional details
Complaint #201200987, January 2012
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop White Male, 63 Complaint Withdrawn
Abuse of Authority: Frisk White Male, 63 Complaint Withdrawn
Abuse of Authority: Search (of person) White Male, 63 Complaint Withdrawn
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.


Discipline

Case: 2021-24210
Closed: 1/15/2022
Case Details:
  1. Failed to activate body-worn camera.
Recommendation: Other

Case: 2013-10591
Opened: 11/1/2013
Closed: 2/26/2015
Case Details:
  1. Not Guilty: Did abuse his authority in that he searched a person known to the Department without sufficient legal authority
Penalty: Respondent found Not Guilty


Lawsuits

Named in 7 known lawsuits, $282,004 total settlements.

Diallo, Thierno S. vs City of New York, et al.
Case # 029977/2020E, Supreme Court - Bronx, September 14, 2020, ended April 11, 2023
$18,000 Settlement

Ortiz, Matthew vs City of New York, et al.
Case # 17CV01386, U.S. District Court - Eastern District NY, March 16, 2017, ended February 15, 2018
$20,000 Settlement
Complaint
Description: The plaintiff exited a bodega when the officers approached and arrested the plaintiff. He was charged with Criminal Sale of a Controlled Substance in the Third Degree and Criminal Sale of a Controlled Substance in the Fifth Degree. At no point did the defendants recover any contraband nor did the plaintiff commit any offense in the presence of the defendants. The plaintiff had to go to the hospital for an asthma attack that occurred during the arrest. All charges were dismissed.

Mclaughlin, Hazel vs City of New York, et al.
Case # 15CV04683, U.S. District Court - Eastern District NY, December 8, 2015, ended April 17, 2018
$13,000 Settlement
Complaint
Description: Defendant Officers forcefully entered Plaintiff's apartment, took her to the 75th Precinct, and issued her a DAT for 221.06. When Plaintiff appeared at court, no paperwork had ever been filed regarding the charge.

Holley, Jeffy vs City of New York, et al.
Case # 15CV01202, U.S. District Court - Eastern District NY, March 18, 2015, ended February 8, 2017
$7,500 Settlement
Complaint, Amended Complaint, Second Amended Complaint
Description: 1st Incident: Plaintiff stepped out of a deli and was accosted by Defendants officer Walsh who immediately arrested him, tightly handcuffed him, and forcefully searched him. Plaintiff was brought to the 75th Precinct, strip-searched, and then charged with PL 220.39 'Criminal sale of a controlled substance in the third degree', which was later dismissed. 2nd Incident: Defendant officers arrived at a party and began to assault a female there. Plaintiff's brother started recording the incident and was then assaulted as well. When Plaintiff told them to stop he was also assaulted, arrested, taken to the 73rd Precinct, denied medical care, and charged with PL 120.05(3) 'Assault in the second degree, which was later...

Smith, Gregory, et al. vs City of New York, et al.
Case # 14CV04776, U.S. District Court - Eastern District NY, August 14, 2014, ended March 3, 2015
$37,500 Settlement
Complaint, Second Amended Complaint
Description: On April 17, 2014, NYPD Officers Brian Martin, Eric Francis, Jason Nino, Christopher Lopez, Savage, Morales, and Remy, and other police officers unlawfully entered the Plaintiff's apartment and unlawfully searched both them and the place. They made disparaging remarks about the Plaintiff's homosexual relationship. They were then arrested and placed in a police van, where other prisoners were smoking. Plaintiff Smith informed the officers that he is immunocompromised, but they willfully allowed the smoking to continue. The police officers then falsely informed the DA's office that they had seen Plaintiffs committing some crime.

Santiago, Robert vs City of New York, et al.
Case # 008472/2013, Supreme Court - Kings, July 1, 2013, ended August 15, 2014
$18,000 Settlement

Castro et al v. City of New York et al
Case # 11CV03511, U.S. District Court - Southern District NY
$168,004 Settlement
Complaint, Stipulation

Other Documents