Brian M. Fleming

Badge #2646, White Male
Former Detective Grade 1 at Drug Enforcement Task Force
Service started March 2000, ended June 2022, Tax #925293

Substantiated Allegations:
Abuse of Authority: Question and/or stop
Abuse of Authority: Search (of person)

Lawsuit settlements:
$40,000   Paulino, Rafael, et al. vs City of New York, et al., 2014 SDNY SDNY 14CV00029
View Details

Complaints

11 Complaints
22 Allegations
2 Substantiated
2 Substantiated (Charges)
3 Complainant Uncooperative
4 Exonerated
2 Unfounded
11 Unsubstantiated

Complaint #201116493, August 2011
Allegation: Abuse of Authority: Refusal to obtain medical treatment
Complainant: Male, 28
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200901668, January 2009
Allegation: Abuse of Authority: Refusal to show search warrant
Complainant: Black Female, 24
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200901305, November 2008
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 22
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Strip-searched
Complainant: Hispanic Male, 22
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
additional details

Complaint #200802730, February 2008
Allegation: Discourtesy: Word
Complainant: Hispanic Female, 39
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Threat to notify ACS
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200800614, January 2008
Allegation: Discourtesy: Word
Complainant: Male, 43
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Male, 43
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200702610, February 2007
Allegation: Force: Physical force
Complainant: Black Male, 24
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200700500, January 2007
Allegation: Discourtesy: Word
Complainant: Black Male, 29
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200607673, May 2006
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200605086, April 2006
Allegation: Force: Physical force
Complainant: Hispanic Male, 31
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Strip-searched
Complainant: Hispanic Male, 31
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200510161, August 2005
Allegation: Force: Physical force
Complainant: Black Male, 19
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 19
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Question and/or stop
Complainant: Black Male, 19
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
additional details

Complaint #200509948, August 2005
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 25
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Question and/or stop
Complainant: Black Male, 25
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Black Male, 25
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 25
CCRB Conclusion: Unfounded
additional details

Complaint #201116493, August 2011
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to obtain medical treatment Male, 28 Unsubstantiated
additional details
Complaint #200901668, January 2009
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to show search warrant Black Female, 24 Unsubstantiated
additional details
Complaint #200901305, November 2008
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Male, 22 Unsubstantiated
Abuse of Authority: Strip-searched Hispanic Male, 22 Unsubstantiated
Abuse of Authority: Premises entered and/or searched Exonerated
additional details
Complaint #200802730, February 2008
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Female, 39 Complainant Uncooperative
Abuse of Authority: Premises entered and/or searched Complainant Uncooperative
Abuse of Authority: Threat to notify ACS Complainant Uncooperative
additional details
Complaint #200800614, January 2008
Allegation Complainant CCRB Conclusion
Discourtesy: Word Male, 43 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Male, 43 Unsubstantiated
additional details
Complaint #200702610, February 2007
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 24 Unsubstantiated
additional details
Complaint #200700500, January 2007
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 29 Unsubstantiated
additional details
Complaint #200607673, May 2006
Allegation CCRB Conclusion
Discourtesy: Word Unsubstantiated
additional details
Complaint #200605086, April 2006
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 31 Unsubstantiated
Abuse of Authority: Strip-searched Hispanic Male, 31 Unsubstantiated
additional details
Complaint #200510161, August 2005
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 19 Exonerated
Abuse of Authority: Search (of person) Black Male, 19 Substantiated (Charges)
Abuse of Authority: Question and/or stop Black Male, 19 Substantiated (Charges)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
additional details
Complaint #200509948, August 2005
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Black Male, 25 Unfounded
Abuse of Authority: Question and/or stop Black Male, 25 Exonerated
Force: Physical force Black Male, 25 Exonerated
Abuse of Authority: Search (of person) Black Male, 25 Unfounded
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.


Lawsuits

Named in 3 known lawsuits, $40,000 total settlements.

Suero, Abdiana vs City of New York, et al.
Case # 306656/2014, Supreme Court - Bronx, January 9, 2015

Salcedo, Santos Marte, et al. vs City of New York, et al.
Case # 303627/2014, Supreme Court - Bronx, July 7, 2014
Settlement

Paulino, Rafael, et al. vs City of New York, et al.
Case # 14CV00029, U.S. District Court - Southern District NY, January 2, 2014, ended June 28, 2016
$40,000 Settlement
Complaint
Description: On or about January 24, 2012, Plaintiff Rafael Paulino was visiting his brother Plaintiff Modesto Paulino, at 15 Arden Place, Apt. 33, in New York City, NY. At approximately 6:30 AM, Plaintiff Rafael Paulino was asleep on the living room couch when he was approached by Defendant Police Officers, including Defendant Brian Fleming and Defendant Anthony Diaz. The Defendants threw him to the ground, handcuffed him from the back, and proceeded to punch, kick, and otherwise physically abuse him. They eventually removed him to the precinct and then to Central Booking, where he was charged with Criminal Possession of a Controlled Substance in the Seventh Degree, Criminally Using Drug Paraphernalia in the Second Degree,...

Other Documents

Brooklyn DA Disclosure Letter references additional lawsuits 11CV0973, 12CV1563, 12CV1564