Brian D. Benvenuto

Brian D. Benvenuto

Brian D. Benvenuto
Badge #3407, White Male, 37
Detective Specialist at Emergency Service Squad 08 since February 2019, active
Also served at 6th Precinct
Service started July 2012, made $150,000 last year, Tax #952459

Substantiated Allegations:
Abuse of Authority: Stop

Lawsuit settlements:
$25,000   Mathieu, Wilson vs City of New York, et al., 2019 SDNY SDNY 19CV01754
$30,000   Scott, Thomas vs City of New York, et al., 2018 NYCSC NYCSC 151204/2018
$25,000   Martiza, Ted vs City of New York, et al., 2015 NYCSC NYCSC 161249/2015
View Details

Complaints

7 Complaints
16 Allegations
1 Substantiated
1 Substantiated (Formalized Training)
1 Alleged Victim Unavailable
3 Complainant Uncooperative
1 Complaint Withdrawn
2 Exonerated
6 Unsubstantiated
2 Within NYPD Guidelines

Complaint #202207933, November 2022
Allegation: Abuse of Authority: Entry of Premises
Complainant: Hispanic Female, 45-49
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Search of Premises
Complainant: Hispanic Female, 45-49
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #201801128, February 2018
Allegation: Force: Physical force
Complainant: Black Male, 47
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Black Male, 47
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Black Male, 47
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat to damage/seize property
Complainant: Black Male, 47
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Black Male, 47
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201609020, October 2016
Allegation: Force: Physical force
Complainant: White Male, 21
CCRB Conclusion: Alleged Victim Unavailable
additional details

Complaint #201606058, May 2016
Allegation: Force: Physical force
Complainant: White Male, 28
CCRB Conclusion: Complaint Withdrawn
additional details

Complaint #201602637, March 2016
Allegation: Force: Physical force
Complainant: Male
CCRB Conclusion: Complainant Uncooperative
Allegation: Discourtesy: Word
Complainant: Male
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Threat of arrest
Complainant: Male
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201509217, October 2015
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 52
CCRB Conclusion: Substantiated (Formalized Training)
Allegation: Discourtesy: Word
Complainant: Black Male, 52
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Male, 52
CCRB Conclusion: Unsubstantiated
Penalty: Formalized Training
Documents: Complaint Closing Report
additional details

Complaint #201410175, September 2014
Allegation: Force: Pepper spray
Complainant: White Male, 32
CCRB Conclusion: Exonerated
Documents: Complaint Closing Report
additional details

Complaint #202207933, November 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Entry of Premises Hispanic Female, 45-49 Within NYPD Guidelines
Abuse of Authority: Search of Premises Hispanic Female, 45-49 Within NYPD Guidelines
additional details
Complaint #201801128, February 2018
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 47 Exonerated
Force: Physical force Black Male, 47 Unsubstantiated
Discourtesy: Word Black Male, 47 Unsubstantiated
Abuse of Authority: Threat to damage/seize property Black Male, 47 Unsubstantiated
Discourtesy: Word Black Male, 47 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201609020, October 2016
Allegation Complainant CCRB Conclusion
Force: Physical force White Male, 21 Alleged Victim Unavailable
additional details
Complaint #201606058, May 2016
Allegation Complainant CCRB Conclusion
Force: Physical force White Male, 28 Complaint Withdrawn
additional details
Complaint #201602637, March 2016
Allegation Complainant CCRB Conclusion
Force: Physical force Male Complainant Uncooperative
Discourtesy: Word Male Complainant Uncooperative
Abuse of Authority: Threat of arrest Male Complainant Uncooperative
additional details
Complaint #201509217, October 2015
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 52 Substantiated (Formalized Training)
Discourtesy: Word Black Male, 52 Unsubstantiated
Abuse of Authority: Refusal to provide name/shield number Black Male, 52 Unsubstantiated
Penalty: Formalized Training
Documents: Complaint Closing Report
additional details
Complaint #201410175, September 2014
Allegation Complainant CCRB Conclusion
Force: Pepper spray White Male, 32 Exonerated
Documents: Complaint Closing Report
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.


Lawsuits

Named in 6 known lawsuits, $80,000 total settlements.

Mathieu, Wilson vs City of New York, et al.
Case # 19CV01754, U.S. District Court - Southern District NY, March 7, 2019, ended April 27, 2020
$25,000 Settlement
Complaint
Description: On February 3, 2018, Plaintiff Mathieu walked to a store when he was struck by a taser by an individual in plainclothes. He was then swarmed by other individuals in plainclothes. Plaintiff Mathieu lost consciousness, was taken to a hospital for his significant injuries, and later brought to the police precinct.

Younts, Charles vs City of New York, et al.
Case # 155543/2018, Supreme Court - New York, July 24, 2018

Scott, Thomas vs City of New York, et al.
Case # 151204/2018, Supreme Court - New York, February 8, 2018, ended April 28, 2020
$30,000 Settlement

Minus, Omar vs Sgt. Spillana, Bridget, et al.
Case # 17CV04623, U.S. District Court - Southern District NY, July 21, 2017, ended February 10, 2022
Order/Judgment (Verdict)
Complaint
Description: On April 29, 2015, Plaintiff was driving with his headlight on and made a legal right turn on Houston St, when suddenly an unmarked police vehicle with dark tinted windows pulled him over. Plaintiff showed his restricted NYS Driver's License to Sgt. Bridget Spillana. She returned to her vehicle for about 5 minutes then returned to plaintiff and said he was under arrest for having a suspended restricted license. Plaintiff protested that his license wasn't suspended as he was being taken into custody. P.O.s Brian Benvenuto and Joseph Tennariello searched plaintiff's vehicle. Sgt. Spillana and P.O.s Benvenuto and Tennariello strip searched plaintiff, despite his objections. P.O.s Benvenuto and Tennariello th...

Martiza, Ted vs City of New York, et al.
Case # 161249/2015, Supreme Court - New York, November 12, 2015, ended September 20, 2016
$25,000 Settlement

Jennings v. City Of New York et al
Case # 16CV00988, U.S. District Court - Southern District NY
Complaint
Description: Plaintiff has been a subject of consistent harassment by Police Officers in the 6th Precinct. On this particular evening, Plaintiff was stopped by defendant officers, slammed into a wall, asked for ID, and took out his phone to record the incident when an officer slapped it out of his hand and broke it. Plaintiff was tightly handcuffed, taken to the 6th Precinct, and then released after several hours because he was mixed up with another suspect. As Plaintiff was being released, he was given a summons for disorderly conduct, PL 240.20(6), for allegedly congregating with others and refusing a lawful order to disperse, signed by Defendant Benvenuto. The summons was dismissed before Plaintiff's court appearance.