Brian M. Clements

Badge #398, White Male, 49
Sergeant Detective Squad at Gun Violence Suppression Division Zone 02 since September 2020
Service started July 1998, made $182,000 last year, active

Substantiated Allegations:
Abuse Of Authority: Frisk
Abuse Of Authority: Search (of person)
Abuse Of Authority: Stop

Lawsuit settlements:
$59,750   Hart et al v. City of New York et al, 2012 SDNY SDNY 12CV02628
$37,500   Sylla, Bangaly vs City of New York, et La., 2013 BCSC BCSC 301378/2013
$60,000   Gonzalez v. City Of New York, et al., 2015 BCSC BCSC 303906/2015
$130,000   Roman, Christopher vs City of New York, et al., 2016 SDNY SDNY 16cv05680
View Details

Complaints

57 Allegations
3 Substantiated
22 Complaints
3 Substantiated (Charges)
3 Alleged Victim Unavailable
8 Alleged Victim Uncooperative
3 Complainant Unavailable
2 Complainant Uncooperative
6 Complaint Withdrawn
14 Exonerated
2 Unfounded
15 Unsubstantiated
1 Victim Unidentified

April 2018 - Complaint Details
Allegation: Abuse Of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Allegation: Abuse Of Authority: Search of Premises
CCRB Conclusion: Exonerated

September 2013 - Complaint Details
Allegation: Abuse Of Authority: Search (of person)
Complainant: Hispanic Female, 18
CCRB Conclusion: Unsubstantiated
Allegation: Abuse Of Authority: Frisk
Complainant: Hispanic Female, 18
CCRB Conclusion: Unsubstantiated
Allegation: Abuse Of Authority: Seizure of property
Complainant: Hispanic Female, 44
CCRB Conclusion: Exonerated
Allegation: Abuse Of Authority: Vehicle search
Complainant: Hispanic Female, 18
CCRB Conclusion: Unsubstantiated
Allegation: Abuse Of Authority: Vehicle stop
Complainant: Hispanic Female, 18
CCRB Conclusion: Unsubstantiated

December 2011 - Complaint Details
Allegation: Abuse Of Authority: Stop
Complainant: Hispanic Male, 19
CCRB Conclusion: Alleged Victim Unavailable
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 19
CCRB Conclusion: Alleged Victim Unavailable
Allegation: Force: Gun pointed
Complainant: Hispanic Male, 19
CCRB Conclusion: Alleged Victim Unavailable

January 2011 - Complaint Details
Allegation: Abuse Of Authority: Refusal to process civilian complaint
Complainant: Black Female
CCRB Conclusion: Unfounded

July 2010 - Complaint Details
Allegation: Abuse Of Authority: Strip-searched
Complainant: Black Male, 24
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse Of Authority: Stop
Complainant: Black Male, 24
CCRB Conclusion: Complainant Uncooperative

February 2010 - Complaint Details
Allegation: Abuse Of Authority: Strip-searched
Complainant: Black Male, 19
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Force: Pepper spray
Complainant: Black Male, 19
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Force: Physical force
Complainant: Black Male, 19
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Abuse Of Authority: Stop
Complainant: Black Male, 19
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Abuse Of Authority: Stop
Complainant: Black Male, 19
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Force: Pepper spray
Complainant: Black Male, 19
CCRB Conclusion: Alleged Victim Uncooperative

January 2010 - Complaint Details
Allegation: Abuse Of Authority: Search (of person)
Complainant: Hispanic Female, 18
CCRB Conclusion: Unsubstantiated
Allegation: Abuse Of Authority: Stop
Complainant: Hispanic Female, 18
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: Instructions, penalty: Instruction
Allegation: Abuse Of Authority: Frisk
Complainant: Hispanic Male, 32
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: Instructions, penalty: Instruction

November 2009 - Complaint Details
Allegation: Abuse Of Authority: Strip-searched
Complainant: Black Male, 23
CCRB Conclusion: Unsubstantiated
Allegation: Abuse Of Authority: Property damaged
Complainant: Black Male, 23
CCRB Conclusion: Unsubstantiated
Allegation: Abuse Of Authority: Threat of arrest
Complainant: Black Male, 23
CCRB Conclusion: Unsubstantiated

August 2009 - Complaint Details
Allegation: Abuse Of Authority: Search (of person)
Complainant: Male, 23
CCRB Conclusion: Victim Unidentified
Allegation: Abuse Of Authority: Frisk
Complainant: Hispanic Male, 24
CCRB Conclusion: Unsubstantiated

August 2009 - Complaint Details
Allegation: Abuse Of Authority: Search (of person)
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse Of Authority: Vehicle search
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse Of Authority: Stop
CCRB Conclusion: Complaint Withdrawn

August 2009 - Complaint Details
Allegation: Abuse Of Authority: Search (of person)
Complainant: Black Male, 27
CCRB Conclusion: Unsubstantiated
Allegation: Abuse Of Authority: Refusal to provide name/shield number
Complainant: Black Male, 27
CCRB Conclusion: Unsubstantiated

July 2009 - Complaint Details
Allegation: Discourtesy: Word
Complainant: Male
CCRB Conclusion: Complainant Unavailable
Allegation: Abuse Of Authority: Stop
Complainant: Male
CCRB Conclusion: Complainant Unavailable
Allegation: Abuse Of Authority: Search (of person)
Complainant: Male
CCRB Conclusion: Complainant Unavailable

January 2009 - Complaint Details
Allegation: Abuse Of Authority: Stop
Complainant: Hispanic Male, 16
CCRB Conclusion: Exonerated
Allegation: Abuse Of Authority: Frisk
Complainant: Hispanic Male, 16
CCRB Conclusion: Exonerated

August 2008 - Complaint Details
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: Black Male, 23
CCRB Conclusion: Exonerated

June 2008 - Complaint Details
Allegation: Abuse Of Authority: Other
Complainant: Black Male, 24
CCRB Conclusion: Unfounded
Allegation: Abuse Of Authority: Search (of person)
Complainant: Black Male, 24
CCRB Conclusion: Exonerated
Allegation: Abuse Of Authority: Frisk
Complainant: Black Male, 24
CCRB Conclusion: Exonerated

November 2007 - Complaint Details
Allegation: Abuse Of Authority: Search (of person)
Complainant: White Male
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Abuse Of Authority: Frisk
Complainant: White Male
CCRB Conclusion: Alleged Victim Uncooperative

August 2007 - Complaint Details
Allegation: Abuse Of Authority: Stop
Complainant: Black Male, 24
CCRB Conclusion: Unsubstantiated
Allegation: Abuse Of Authority: Search (of person)
Complainant: Black Male, 24
CCRB Conclusion: Unsubstantiated
Allegation: Abuse Of Authority: Frisk
Complainant: Black Male, 24
CCRB Conclusion: Unsubstantiated

March 2005 - Complaint Details
Allegation: Force: Physical force
Complainant: Black Male, 16
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse Of Authority: Question and/or stop
Complainant: Black Male, 16
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse Of Authority: Search (of person)
Complainant: Black Male, 16
CCRB Conclusion: Complaint Withdrawn

October 2004 - Complaint Details
Allegation: Abuse Of Authority: Question and/or stop
Complainant: Black Male, 14
CCRB Conclusion: Exonerated
Allegation: Abuse Of Authority: Search (of person)
Complainant: Black Male, 14
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: Instructions, penalty: Instruction

August 2004 - Complaint Details
Allegation: Abuse Of Authority: Frisk and/or search
Complainant: Hispanic Male, 17
CCRB Conclusion: Exonerated

July 2004 - Complaint Details
Allegation: Force: Physical force
Complainant: Hispanic Female, 23
CCRB Conclusion: Exonerated
Allegation: Abuse Of Authority: Threat of arrest
Complainant: Hispanic Female, 23
CCRB Conclusion: Exonerated
Allegation: Abuse Of Authority: Retaliatory arrest
Complainant: Hispanic Male, 20
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
CCRB Conclusion: Exonerated

November 2003 - Complaint Details
Allegation: Abuse Of Authority: Refusal to provide name/shield number
Complainant: Black Female, 26
CCRB Conclusion: Unsubstantiated

April 2018 - Complaint Details
Allegation CCRB Conclusion
Abuse Of Authority: Entry of Premises Exonerated
Abuse Of Authority: Search of Premises Exonerated
September 2013 - Complaint Details
Allegation Complainant CCRB Conclusion
Abuse Of Authority: Search (of person) Hispanic Female, 18 Unsubstantiated
Abuse Of Authority: Frisk Hispanic Female, 18 Unsubstantiated
Abuse Of Authority: Seizure of property Hispanic Female, 44 Exonerated
Abuse Of Authority: Vehicle search Hispanic Female, 18 Unsubstantiated
Abuse Of Authority: Vehicle stop Hispanic Female, 18 Unsubstantiated
December 2011 - Complaint Details
Allegation Complainant CCRB Conclusion
Abuse Of Authority: Stop Hispanic Male, 19 Alleged Victim Unavailable
Discourtesy: Word Hispanic Male, 19 Alleged Victim Unavailable
Force: Gun pointed Hispanic Male, 19 Alleged Victim Unavailable
January 2011 - Complaint Details
Allegation Complainant CCRB Conclusion
Abuse Of Authority: Refusal to process civilian complaint Black Female Unfounded
July 2010 - Complaint Details
Allegation Complainant CCRB Conclusion
Abuse Of Authority: Strip-searched Black Male, 24 Complainant Uncooperative
Abuse Of Authority: Stop Black Male, 24 Complainant Uncooperative
February 2010 - Complaint Details
Allegation Complainant CCRB Conclusion
Abuse Of Authority: Strip-searched Black Male, 19 Alleged Victim Uncooperative
Force: Pepper spray Black Male, 19 Alleged Victim Uncooperative
Force: Physical force Black Male, 19 Alleged Victim Uncooperative
Abuse Of Authority: Stop Black Male, 19 Alleged Victim Uncooperative
Abuse Of Authority: Stop Black Male, 19 Alleged Victim Uncooperative
Force: Pepper spray Black Male, 19 Alleged Victim Uncooperative
January 2010 - Complaint Details
Allegation Complainant CCRB Conclusion
Abuse Of Authority: Search (of person) Hispanic Female, 18 Unsubstantiated
Abuse Of Authority: Stop Hispanic Female, 18 Substantiated (Charges)
NYPD Conclusion: Instructions, penalty: Instruction
Abuse Of Authority: Frisk Hispanic Male, 32 Substantiated (Charges)
NYPD Conclusion: Instructions, penalty: Instruction
November 2009 - Complaint Details
Allegation Complainant CCRB Conclusion
Abuse Of Authority: Strip-searched Black Male, 23 Unsubstantiated
Abuse Of Authority: Property damaged Black Male, 23 Unsubstantiated
Abuse Of Authority: Threat of arrest Black Male, 23 Unsubstantiated
August 2009 - Complaint Details
Allegation Complainant CCRB Conclusion
Abuse Of Authority: Search (of person) Male, 23 Victim Unidentified
Abuse Of Authority: Frisk Hispanic Male, 24 Unsubstantiated
August 2009 - Complaint Details
Allegation CCRB Conclusion
Abuse Of Authority: Search (of person) Complaint Withdrawn
Abuse Of Authority: Vehicle search Complaint Withdrawn
Abuse Of Authority: Stop Complaint Withdrawn
August 2009 - Complaint Details
Allegation Complainant CCRB Conclusion
Abuse Of Authority: Search (of person) Black Male, 27 Unsubstantiated
Abuse Of Authority: Refusal to provide name/shield number Black Male, 27 Unsubstantiated
July 2009 - Complaint Details
Allegation Complainant CCRB Conclusion
Discourtesy: Word Male Complainant Unavailable
Abuse Of Authority: Stop Male Complainant Unavailable
Abuse Of Authority: Search (of person) Male Complainant Unavailable
January 2009 - Complaint Details
Allegation Complainant CCRB Conclusion
Abuse Of Authority: Stop Hispanic Male, 16 Exonerated
Abuse Of Authority: Frisk Hispanic Male, 16 Exonerated
August 2008 - Complaint Details
Allegation Complainant CCRB Conclusion
Force: Nightstick as club (incl asp & baton) Black Male, 23 Exonerated
June 2008 - Complaint Details
Allegation Complainant CCRB Conclusion
Abuse Of Authority: Other Black Male, 24 Unfounded
Abuse Of Authority: Search (of person) Black Male, 24 Exonerated
Abuse Of Authority: Frisk Black Male, 24 Exonerated
November 2007 - Complaint Details
Allegation Complainant CCRB Conclusion
Abuse Of Authority: Search (of person) White Male Alleged Victim Uncooperative
Abuse Of Authority: Frisk White Male Alleged Victim Uncooperative
August 2007 - Complaint Details
Allegation Complainant CCRB Conclusion
Abuse Of Authority: Stop Black Male, 24 Unsubstantiated
Abuse Of Authority: Search (of person) Black Male, 24 Unsubstantiated
Abuse Of Authority: Frisk Black Male, 24 Unsubstantiated
March 2005 - Complaint Details
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 16 Complaint Withdrawn
Abuse Of Authority: Question and/or stop Black Male, 16 Complaint Withdrawn
Abuse Of Authority: Search (of person) Black Male, 16 Complaint Withdrawn
October 2004 - Complaint Details
Allegation Complainant CCRB Conclusion
Abuse Of Authority: Question and/or stop Black Male, 14 Exonerated
Abuse Of Authority: Search (of person) Black Male, 14 Substantiated (Charges)
NYPD Conclusion: Instructions, penalty: Instruction
August 2004 - Complaint Details
Allegation Complainant CCRB Conclusion
Abuse Of Authority: Frisk and/or search Hispanic Male, 17 Exonerated
July 2004 - Complaint Details
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Female, 23 Exonerated
Abuse Of Authority: Threat of arrest Hispanic Female, 23 Exonerated
Abuse Of Authority: Retaliatory arrest Hispanic Male, 20 Exonerated
Force: Physical force Exonerated
November 2003 - Complaint Details
Allegation Complainant CCRB Conclusion
Abuse Of Authority: Refusal to provide name/shield number Black Female, 26 Unsubstantiated

Conclusion Meanings:

'Exonerated': 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': The 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 8 known lawsuits, $287,250 total settlements.

Carter vs. The City of New York et al
Case # 311478-2011, Supreme Court - Bronx, 2011
Settled for undisclosed amount
Complaint

Hart et al v. City of New York et al
Case # 12CV02628, U.S. District Court - Southern District NY, 2012
$59,750 Settlement
Stipulation, Amended Complaint
Description: Defendant officers approached Plaintiffs on the street, searched them, put them in a police van, and then sprayed Plaintiff 1 in the face with pepper spray. Plaintiffs were taken to the 48th precinct, where Plaintiff 2 was issued a summons and released, and the summons was later dismissed for facial insufficiency. Plaintiff 1 was charged with false charges that were ACD'd.

Sylla, Bangaly vs City of New York, et La.
Case # 301378/2013, Supreme Court - Bronx, June 24, 2013, ended March 11, 2015
$37,500 Settlement

Roman v. City of New York et al.
Case # 15CV05730, U.S. District Court - Southern District NY, 2015
Pending
Complaint
Description: Plaintiff was approached by defendant officers after he was a victim of an attack. During said attack, the plaintiff was stabbed in the leg. When the defendant officers arrived, a knife was still protruding from plaintiff's leg. Defendant Officers pepper sprayed, tightly handcuffed, and arrested plaintiff. He was thereafter hospitalized and ultimately brought to the 48th precinct. When he was brought to Central Booking, he was charged with assault and criminal possession of a weapon. After over a year in custody, the plaintiff was acquitted of all charges.

Gonzalez v. City Of New York, et al.
Case # 303906/2015, Supreme Court - Bronx, 2015
$60,000 Settlement

Sturdivant, Curtis vs City of New York, et al.
Case # 301020/2015, Supreme Court - Bronx, March 17, 2015
Complaint

Roman, Christopher vs City of New York, et al.
Case # 16cv05680, U.S. District Court - Southern District NY, June 17, 2016, ended February 12, 2018
$130,000 Settlement
Summons/Complaint
Description: Plaintiff was leaving an establishment when he happened upon a fight and got stuck in it. Defendant Officers then arrived, arrested Plaintiff, took him to the 48th Precinct, and charged him with assault and weapon possession for allegedly stabbing an individual with a knife they recovered. Officers continually ignored exonerating evidence and Plaintiff went to trial where he was acquitted of all charges.

Fermin, Andres vs City of New York, et al.
Case # 025947/2018E, Supreme Court - Bronx, September 18, 2018

District Attorney Letter

Brooklyn DA Letter references additional CCRB case 200904921 and additional lawsuits 11CV5339, 12CV2627