James P. Mcsherry

James P. Mcsherry

James P. Mcsherry
Badge #3934, Hispanic Male
Also served at Patrol Borough Brooklyn North Public Safety Teams, Patrol Borough Brooklyn North Impact Response Team, 81st Precinct, 75th Precinct
Service started July 2006, made $147,000 last year, Tax #942175

Substantiated Allegations:
Force: Physical force
Abuse of Authority: Failure to provide RTKA card (2)
Abuse of Authority: Frisk (2)
Abuse of Authority: Stop (2)

Discipline Cases:

Case: 2023-28682
Closed: 11/8/2023
Case: 2022-26512
Closed: 3/27/2023
Case: 2022-26377
Closed: 2/27/2023
Case: 2022-25467
Closed: 11/17/2022
Case: 2022-26511
Closed: 8/22/2022

View Details

Lawsuit settlements:
$54,001   Nixon, Shameik vs City of New York, 2022 EDNY EDNY 21CV05900
$70,587   Andrews, Haashim vs City of New York, et al., 2014 EDNY EDNY 14CV04845
$1,000   Obee v. New York P.D. 81st Precient, EDNY EDNY 11CV00518
$600   Albergotti v. McSherry, et al, EDNY EDNY 09CV03919
View Details

Complaints

9 Complaints
28 Allegations
7 Substantiated
1 Substantiated (Formalized Training)
1 Substantiated (Command Discipline B)
5 Substantiated (Command Discipline A)
3 Alleged Victim Uncooperative
1 Complainant Unavailable
3 Complainant Uncooperative
4 Exonerated
4 Unfounded
6 Unsubstantiated

Complaint #202100493, January 2021
Allegation: Abuse of Authority: Stop
Complainant: Male, 50-54
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Force: Chokehold
Complainant: Male, 50-54
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Male, 50-54
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: Male, 50-54
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Male, 50-54
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Conclusion: Command Discipline - B
Penalty: Command Discipline - B (Vacation: 3 days)
additional details

Complaint #202005648, August 2020
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 21-24
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Force: Physical force
Complainant: Black Male, 21-24
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 21-24
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 21-24
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide name
Complainant: Black Male, 21-24
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide shield number
Complainant: Black Male, 21-24
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Black Male, 21-24
CCRB Conclusion: Substantiated (Formalized Training)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details

Complaint #202004159, June 2020
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 30-34
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201909626, November 2019
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Refusal to provide name
Complainant: Black Female, 30-34
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Refusal to provide shield number
Complainant: Black Female, 30-34
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Threat to damage/seize property
Complainant: Black Female, 30-34
CCRB Conclusion: Exonerated
additional details

Complaint #201809503, November 2018
Allegation: Force: Physical force
Complainant: Black Male, 37
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #201606074, July 2016
Allegation: Force: Physical force
Complainant: Black Male, 25
CCRB Conclusion: Alleged Victim Uncooperative
additional details

Complaint #201507361, August 2015
Allegation: Force: Chokehold
Complainant: Black Male, 37
CCRB Conclusion: Unfounded
Allegation: Force: Other
Complainant: Black Male, 37
CCRB Conclusion: Unfounded
Allegation: Force: Physical force
Complainant: Black Male, 37
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 37
CCRB Conclusion: Exonerated
additional details

Complaint #201013725, September 2010
Allegation: Force: Physical force
Complainant: Black Male, 48
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Alleged Victim Uncooperative
additional details

Complaint #200806183, April 2008
Allegation: Abuse of Authority: Search (of person)
Complainant: Male, 24
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Stop
Complainant: Male, 24
CCRB Conclusion: Complainant Uncooperative
Allegation: Discourtesy: Word
Complainant: Male, 24
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #202100493, January 2021
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Male, 50-54 Substantiated (Command Discipline A)
Force: Chokehold Male, 50-54 Unsubstantiated
Force: Physical force Male, 50-54 Unsubstantiated
Abuse of Authority: Frisk Male, 50-54 Substantiated (Command Discipline A)
Abuse of Authority: Failure to provide RTKA card Male, 50-54 Substantiated (Command Discipline A)
NYPD Conclusion: Command Discipline - B
Penalty: Command Discipline - B (Vacation: 3 days)
additional details
Complaint #202005648, August 2020
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 21-24 Substantiated (Command Discipline A)
Force: Physical force Black Male, 21-24 Substantiated (Command Discipline B)
Abuse of Authority: Frisk Black Male, 21-24 Substantiated (Command Discipline A)
Abuse of Authority: Search (of person) Black Male, 21-24 Unsubstantiated
Abuse of Authority: Refusal to provide name Black Male, 21-24 Unsubstantiated
Abuse of Authority: Refusal to provide shield number Black Male, 21-24 Unsubstantiated
Abuse of Authority: Failure to provide RTKA card Black Male, 21-24 Substantiated (Formalized Training)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details
Complaint #202004159, June 2020
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop Black Male, 30-34 Unsubstantiated
additional details
Complaint #201909626, November 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Entry of Premises Exonerated
Abuse of Authority: Refusal to provide name Black Female, 30-34 Unfounded
Abuse of Authority: Refusal to provide shield number Black Female, 30-34 Unfounded
Abuse of Authority: Threat to damage/seize property Black Female, 30-34 Exonerated
additional details
Complaint #201809503, November 2018
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 37 Complainant Unavailable
additional details
Complaint #201606074, July 2016
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 25 Alleged Victim Uncooperative
additional details
Complaint #201507361, August 2015
Allegation Complainant CCRB Conclusion
Force: Chokehold Black Male, 37 Unfounded
Force: Other Black Male, 37 Unfounded
Force: Physical force Black Male, 37 Exonerated
Abuse of Authority: Stop Black Male, 37 Exonerated
additional details
Complaint #201013725, September 2010
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 48 Alleged Victim Uncooperative
Abuse of Authority: Premises entered and/or searched Alleged Victim Uncooperative
additional details
Complaint #200806183, April 2008
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Male, 24 Complainant Uncooperative
Abuse of Authority: Stop Male, 24 Complainant Uncooperative
Discourtesy: Word Male, 24 Complainant Uncooperative
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.
'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.

Further details on conclusion definitions.


Discipline

Case: 2023-28682
Closed: 11/8/2023
Case Details:
  1. Failed to supervise
Penalty: C - Command Discipline, vacation days (15 days)
Recommendation: Charges and Specifications

Case: 2022-26512
Closed: 3/27/2023
Case Details:
  1. Failed to activate their body worn camera.
  2. Failed to make required entries in Department logs.
  3. Failed to prepare required reports.
Penalty: Training
Recommendation: Training

Case: 2022-26377
Closed: 2/27/2023
Case Details:
  1. Failed to make required entries in Department logs.
Recommendation: Other

Case: 2022-25467
Closed: 11/17/2022
Case Details:
  1. Failed to activate their body worn camera.
Recommendation: Other

Case: 2022-26511
Closed: 8/22/2022
Case Details:
  1. Violated patrol rules.
  2. Wrongfully frisked an individual known to the Department.
  3. Wrongfully stopped an individual known to the Department.
Penalty: B - Command Discipline, vacation days (3 days)
Recommendation: B-CD, other


Lawsuits

Named in 8 known lawsuits, $126,188 total settlements.

Benjamin, Rovert vs City of New York, et al.
Case # 528540/2023, Supreme Court - Kings, October 5, 2023

Nixon, Shameik vs City of New York
Case # 21CV05900, U.S. District Court - Eastern District NY, October 20, 2022, ended April 27, 2023
$54,001 Settlement
Complaint
Description: On June 5, 2020, the plaintiff was at a memorial service when NYPD Officers ordered plaintiff to go home in accordance to the emergency curfew. Plaintiff was complying with the order, but NYPD officers who were carrying batons and wearing riot gear attacked him while he was walking home. They hit him with a barricade and piled on top of him, including forcefully placing knees on his back. The officers handcuffed him too tightly, put him in the police van and continued to lift his arms causing him pain, and brought him to the precinct, falsely arresting him. Officers unnecessarily removed his socks and shoes and left him handcuffed in a cell for several hours before removing the cuffs. Plaintiff was detained for...

Boulet, Alex vs City of New York, et al.
Case # 529930/2021, Supreme Court - Kings, November 22, 2021

Osario, Emmanuel vs City of New York, et al.
Case # 508952/2021, Supreme Court - Kings, September 23, 2021

Chowdhury, Shaiful vs City of New York, et al.
Case # 21CV00962, U.S. District Court - Eastern District NY, March 23, 2021
Complaint
Description: On February 23, 2020, Plaintiff Shaiful Chowdhury called the police in response to a robbery in an apartment complex he owned. Defendants Pliwiak, Zerella, Santana, Tasevoli, Mastorardi, Calhoun, Elliot, McSherry, Lt. Cain, and John Does #1-5 conducted a search and investigated in response to the robbery. Throughout the search, Defendants found a quantity of Marijuana in the third-floor apartment. Plaintiff was the owner of the property, but the Marijuana was discovered in an apartment that had recently been rented and occupied by an unrelated tenant. Despite Plaintiff's limited access to the apartment, defendants, including but not limited to Detectives Santana, Tasevoli, and Mastorardi, made flagrantly racist...

Andrews, Haashim vs City of New York, et al.
Case # 14CV04845, U.S. District Court - Eastern District NY, August 15, 2014, ended March 26, 2015
$70,587 Settlement
Complaint, Judgment
Description: On February 14, 2014, the Plaintiff was visiting his sister, where she lives with his nephew. That evening, the nephew returned and informed the plaintiff that he was being harassed by the NYPD. The Plaintiff entered the hallway and asked the NYPD officers present what was going on. Defendant NYPD Officer Jonathan Martinez (Shield # 953059) responded "Suck my dick, get out of my face nigger". Plaintiff followed Defendant Martinez out fo the building for the purpose of obtaining his name and shield number. Defendant Martinez then stated, "You're under arrest, turn the fuck around you Goddamn idiot, you don't ask my any questions". The Plaintiff was then arrested with excessive force by Defendant NYPD Sergeant Ta...

Obee v. New York P.D. 81st Precient
Case # 11CV00518, U.S. District Court - Eastern District NY
$1,000 Settlement
Amended Complaint

Albergotti v. McSherry, et al
Case # 09CV03919, U.S. District Court - Eastern District NY
$600 Settlement
Complaint

Other Documents