Brian C. Kovarik

Brian C. Kovarik

Brian C. Kovarik
Badge #4188, White Male
Former Detective Specialist at Emergency Service Squad 04
Service started July 2012, ended August 2023, Tax #952947

Substantiated Allegations:
Force: Physical force (2)
Abuse of Authority: Other
Abuse of Authority: Search (of person)

Discipline Cases:

Case: 2016-15915
Closed: 8/29/2016

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Lawsuit settlements:
$77,500   Fernandez, Henry, et al. vs City of New York, et al., 2018 BCSC BCSC 300725/2017
$43,000   R.,j. By Mng Crosby, Hseina vs City of New York, et al., 2016 SDNY SDNY 16CV06928
$25,000   Simmons, Jamel, et al. vs City of New York, et al., 2015 SDNY SDNY 16CV01943
$32,500   Phillip, Harrison vs City of New York, et al., 2014 BCSC BCSC 303109/2014
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Complaints

6 Complaints
23 Allegations
4 Substantiated
4 Substantiated (Charges)
2 Complainant Unavailable
7 Exonerated
9 Unsubstantiated
1 Within NYPD Guidelines

Complaint #202104607, August 2021
Allegation: Force: Physical force
Complainant: Hispanic Male, 18-20
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #201600739, January 2016
Allegation: Abuse of Authority: Other
Complainant: Hispanic Male, 24
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Guilty
Allegation: Force: Physical force
Complainant: Hispanic Male, 24
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Dismissed
Allegation: Force: Physical force
Complainant: Hispanic Male, 16
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Dismissed
Allegation: Abuse of Authority: Search (of person)
Complainant: Hispanic Male, 16
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Guilty
APU Plea Penalty: Forfeit vacation 9 days
APU Case Status: Closed: Resolved by plea, September 2018
Penalty: Forfeit vacation 9 days
Documents: Complaint Closing Report
additional details

Complaint #201508223, September 2015
Allegation: Discourtesy: Word
Complainant: Black Female, 33
CCRB Conclusion: Unsubstantiated
Allegation: Force: Pepper spray
Complainant: Male, 16
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Property damaged
Complainant: Male, 16
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Male, 34
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Male, 16
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Male, 16
CCRB Conclusion: Unsubstantiated
Allegation: Offensive Language: Race
Complainant: Male, 16
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Male, 34
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201502043, March 2015
Allegation: Abuse of Authority: Search (of person)
Complainant: Female, 33
CCRB Conclusion: Complainant Unavailable
Allegation: Discourtesy: Word
Complainant: Female, 33
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #201401867, February 2014
Allegation: Abuse of Authority: Vehicle search
Complainant: Hispanic Male, 50
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Question
Complainant: Hispanic Male, 50
CCRB Conclusion: Exonerated
additional details

Complaint #201400792, January 2014
Allegation: Force: Physical force
Complainant: Hispanic Male, 44
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Question
Complainant: Hispanic Male, 44
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search (of person)
Complainant: Hispanic Male, 44
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Frisk
Complainant: Hispanic Male, 44
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Hispanic Female, 80
CCRB Conclusion: Unsubstantiated
additional details

Complaint #202104607, August 2021
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 18-20 Within NYPD Guidelines
additional details
Complaint #201600739, January 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Other Hispanic Male, 24 Substantiated (Charges)
NYPD Conclusion: APU Guilty
Force: Physical force Hispanic Male, 24 Substantiated (Charges)
NYPD Conclusion: APU Dismissed
Force: Physical force Hispanic Male, 16 Substantiated (Charges)
NYPD Conclusion: APU Dismissed
Abuse of Authority: Search (of person) Hispanic Male, 16 Substantiated (Charges)
NYPD Conclusion: APU Guilty
APU Plea Penalty: Forfeit vacation 9 days
APU Case Status: Closed: Resolved by plea, September 2018
Penalty: Forfeit vacation 9 days
Documents: Complaint Closing Report
additional details
Complaint #201508223, September 2015
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Female, 33 Unsubstantiated
Force: Pepper spray Male, 16 Exonerated
Abuse of Authority: Property damaged Male, 16 Unsubstantiated
Discourtesy: Word Male, 34 Unsubstantiated
Discourtesy: Word Male, 16 Unsubstantiated
Discourtesy: Word Male, 16 Unsubstantiated
Offensive Language: Race Male, 16 Unsubstantiated
Abuse of Authority: Refusal to provide name/shield number Male, 34 Unsubstantiated
additional details
Complaint #201502043, March 2015
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Female, 33 Complainant Unavailable
Discourtesy: Word Female, 33 Complainant Unavailable
additional details
Complaint #201401867, February 2014
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Hispanic Male, 50 Unsubstantiated
Abuse of Authority: Question Hispanic Male, 50 Exonerated
additional details
Complaint #201400792, January 2014
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 44 Exonerated
Abuse of Authority: Premises entered and/or searched Exonerated
Abuse of Authority: Question Hispanic Male, 44 Exonerated
Abuse of Authority: Search (of person) Hispanic Male, 44 Exonerated
Abuse of Authority: Frisk Hispanic Male, 44 Exonerated
Force: Physical force Hispanic Female, 80 Unsubstantiated
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.
'Within NYPD Guidelines': The alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusion definitions.


Discipline

Case: 2016-15915
Closed: 8/29/2016
Case Details:
  1. Guilty: While on-duty, wrongfully interfered with a person known to the Department's ability to record an incident without sufficient legal authority.
  2. Guilty: While on-duty, abused his authority as a member of the New York City Police Department, in that he searched the bag of a person known to the Department without sufficient legal authority.
Penalty: Vacation days (9 days)


Lawsuits

Named in 4 known lawsuits, $178,000 total settlements.

Fernandez, Henry, et al. vs City of New York, et al.
Case # 300725/2017, Supreme Court - Bronx, January 12, 2018, ended September 11, 2018
$77,500 Settlement

R.,j. By Mng Crosby, Hseina vs City of New York, et al.
Case # 16CV06928, U.S. District Court - Southern District NY, September 13, 2016, ended January 22, 2018
$43,000 Settlement
Complaint
Description: On September 4, 2015, plaintiff J.R. (represented in this lawsuit by his mother Hseina Crosby) was arrested at about 4:30 pm outside 1923 Crotona Parkway in the Bronx. NYPD officers Daniel McFadden and Brian Kovarik called J.R. over to their vehicle, and defendant McFadden grabbed plaintiff, pushed his chest and face onto the hood of the police vehicle, and applied overly tight handcuff's to plaintiff J.R.'s wrist, injuring him. Plaintiff J.R. was then transferred to a juvenile detention center and held until 8:00 am on September 5, 2015. On October 30, 2015, the NYC Corporation COunsel determined that no petition would be filed against plaintiff J.R., and all charges were dismissed and sealed.

Simmons, Jamel, et al. vs City of New York, et al.
Case # 16CV01943, U.S. District Court - Southern District NY, October 21, 2015, ended April 7, 2017
$25,000 Settlement
Complaint, Original Complaint, Amended Complaint
Description: While Plaintiff was being arrested for allegedly stealing hotdogs, a police car hit him and ran over his ankle. Plaintiff was taken to the 75th Precinct and pled guilty to charges. On another occasion, Plaintiff, his friend, and girlfriend were locked out of their car and attempting to gain entry when they were arrested, taken to the 48th precinct, and charged with false charges later dismissed.

Phillip, Harrison vs City of New York, et al.
Case # 303109/2014, Supreme Court - Bronx, June 16, 2014, ended January 27, 2016
$32,500 Settlement