Brian W. Mccarthy

Brian W. Mccarthy

Brian W. Mccarthy
Badge #4227, White Male, 38
Sergeant at 78th Precinct since January 2023
Service started January 2012, made $161,000 last year, Tax #951982

Substantiated Allegations:
Abuse of Authority: Other
Discourtesy: Word

Lawsuit Settlements:
$110,000   Sarnicola, Nicholas vs City of Ny, et al., 2025 EDNY EDNY 25CV03196
$15,000   Sanders, Ernesto vs City of New York, et al., 2014 EDNY EDNY 13CV06344
$17,500   Jones, Thomas vs City of New York, et al., 2013 EDNY EDNY 13CV04404
View Details

Complaints

10 Complaints
24 Allegations
2 Substantiated
1 Substantiated (Instructions)
1 Substantiated (Command Discipline B)
2 Closed - Pending Litigation
2 Complainant Unavailable
1 Exonerated
6 Unfounded
7 Unsubstantiated
4 Within NYPD Guidelines

Complaint #202600446, December 2025
Allegation: Force: Physical force
Complainant: Male, 15-17
CCRB Conclusion: Complainant Unavailable
Allegation: Abuse of Authority: Forcible Removal to Hospital
Complainant: Male, 15-17
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #202412346, November 2024
Allegation: Force: Other
Complainant: Black Male, 35-39
CCRB Conclusion: Closed - Pending Litigation
additional details

Complaint #202402214, February 2024
Allegation: Force: Physical force
Complainant: Female, 50-54
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Other
Complainant: Female, 50-54
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Abuse of Authority: Refusal to provide shield number
Complainant: Female, 50-54
CCRB Conclusion: Within NYPD Guidelines
NYPD Conclusion: Command Discipline - B
Penalty: Command Discipline - B (Vacation: 1 day)
additional details

Complaint #202400107, December 2023
Allegation: Abuse of Authority: Seizure of property
Complainant: Middle Eastern/North African Male, 21-24
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Other
Complainant: Middle Eastern/North African Male, 21-24
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #201904011, May 2019
Allegation: Abuse of Authority: Vehicle search
Complainant: American Indian Male, 23
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: American Indian Male, 23
CCRB Conclusion: Unfounded
Documents: Complaint Closing Report
additional details

Complaint #201808659, October 2018
Allegation: Force: Physical force
Complainant: Black Male, 20
CCRB Conclusion: Closed - Pending Litigation
additional details

Complaint #201407083, July 2014
Allegation: Force: Physical force
Complainant: Male, 29
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Male, 29
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201405603, May 2014
Allegation: Discourtesy: Word
Complainant: Female, 29
CCRB Conclusion: Unfounded
Allegation: Force: Physical force
Complainant: Female, 29
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Unfounded
additional details

Complaint #201403155, April 2014
Allegation: Discourtesy: Word
Complainant: Hispanic Female, 39
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Hispanic Male, 37
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Hispanic Male, 37
CCRB Conclusion: Unfounded
Allegation: Force: Hit against inanimate object
Complainant: Hispanic Female, 39
CCRB Conclusion: Unfounded
additional details

Complaint #201305283, April 2013
Allegation: Discourtesy: Word
Complainant: Black Male, 28
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Property damaged
Complainant: Black Male, 28
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Black Male, 28
CCRB Conclusion: Substantiated (Instructions)
Allegation: Discourtesy: Action
Complainant: Black Male, 28
CCRB Conclusion: Unsubstantiated
Penalty: Instructions
additional details

Complaint #202600446, December 2025
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 15-17 Complainant Unavailable
Abuse of Authority: Forcible Removal to Hospital Male, 15-17 Complainant Unavailable
additional details
Complaint #202412346, November 2024
Allegation Complainant CCRB Conclusion
Force: Other Black Male, 35-39 Closed - Pending Litigation
additional details
Complaint #202402214, February 2024
Allegation Complainant CCRB Conclusion
Force: Physical force Female, 50-54 Within NYPD Guidelines
Abuse of Authority: Other Female, 50-54 Substantiated (Command Discipline B)
Abuse of Authority: Refusal to provide shield number Female, 50-54 Within NYPD Guidelines
NYPD Conclusion: Command Discipline - B
Penalty: Command Discipline - B (Vacation: 1 day)
additional details
Complaint #202400107, December 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Seizure of property Middle Eastern/North African Male, 21-24 Within NYPD Guidelines
Abuse of Authority: Other Middle Eastern/North African Male, 21-24 Within NYPD Guidelines
additional details
Complaint #201904011, May 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search American Indian Male, 23 Exonerated
Force: Physical force American Indian Male, 23 Unfounded
Documents: Complaint Closing Report
additional details
Complaint #201808659, October 2018
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 20 Closed - Pending Litigation
additional details
Complaint #201407083, July 2014
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 29 Unsubstantiated
Discourtesy: Word Male, 29 Unsubstantiated
additional details
Complaint #201405603, May 2014
Allegation Complainant CCRB Conclusion
Discourtesy: Word Female, 29 Unfounded
Force: Physical force Female, 29 Unfounded
Abuse of Authority: Gun Drawn Unfounded
additional details
Complaint #201403155, April 2014
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Female, 39 Unsubstantiated
Abuse of Authority: Threat of arrest Hispanic Male, 37 Unsubstantiated
Force: Physical force Hispanic Male, 37 Unfounded
Force: Hit against inanimate object Hispanic Female, 39 Unfounded
additional details
Complaint #201305283, April 2013
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 28 Unsubstantiated
Abuse of Authority: Property damaged Black Male, 28 Unsubstantiated
Discourtesy: Word Black Male, 28 Substantiated (Instructions)
Discourtesy: Action Black Male, 28 Unsubstantiated
Penalty: Instructions
additional details

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The misconduct 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' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.
'Within NYPD Guidelines': The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusions.


Lawsuits

Named in 5 known lawsuits, $142,500 total settlements.

Sarnicola, Nicholas vs City of Ny, et al.
Case # 25CV03196, U.S. District Court - Eastern District NY, June 12, 2025, ended July 1, 2026
$110,000 Settlement
Complaint

Vines, Antoine vs City of Ny
Case # 528118/2023, Supreme Court - Kings, October 31, 2023
Complaint
Description: On September 18, 2020, Plaintiff ANTOINE VINES was wrongfully and without and legal justification whatsoever, arrested by Defendants DETECTIVE STEPHEN PROSCIA, SERGEANT AALOK KANTHARIA, DETECTIVE ERIC GUTIERREZ, POLICE OFFICER JAIR FLORES, DETECTIVE BRIAN MCCARTHY. While still in custody, Plaintiff was interrogated by Defendants. On September 18, 2020, Plaintiff was indicted and charged with unlawful possession of a gun. Following his indictment on September 18, 2020, Plaintiff was then held at Central Booking for a period of approximately three weeks. On June 30, 2022, Plaintiff’s criminal case was dismissed.

Trotman, Chanice, et Al vs Louis, Bernadette Jean, et al.
Case # 15CV02575, U.S. District Court - Eastern District NY, October 23, 2015, ended August 15, 2019
Zero Disposition

Sanders, Ernesto vs City of New York, et al.
Case # 13CV06344, U.S. District Court - Eastern District NY, March 12, 2014, ended August 4, 2014
$15,000 Settlement
Complaint
Description: On July 29, 2013, plaintiff, while working as a repairman, was working alongside a building superintendent (Mirapole) and another handyman (Oliver) in repairing the boiler in the basement of the building. Several officers, including defendant McCarthy, approached the plaintiff, Mirapole and Oliver in the basement. In order to enter the basement, the officers broke through a metal gate bearing a sign stating "No Trespassing." The officers then opened a closed door, went down a long hallway and down a flight of stairs to the basement where they questioned the plaintiff, Mirapole and Oliver. The plaintiff spoke in Spanish to Mirapole and Oliver, which caused the officers to become angry. The officers handcuffed M...

Jones, Thomas vs City of New York, et al.
Case # 13CV04404, U.S. District Court - Eastern District NY, August 5, 2013, ended February 10, 2014
$17,500 Settlement
Complaint
Description: On March 9th, 2013, Plaintiff was outside a deli. Suddenly, NYPD Officers including P.O. Brian Mccarthy, Michael Colucci, Sergeant Ming Zheng, and others pulled up, and without cause seized plaintiff and used unreasonable force to push him against a wall, tackle him, kneeing him in the back, twisting his arms and handcuffing him extremely tightly. When he asked what he was being arrested for he was subject to verbal abuse and profanity. At the precinct, he was falsely charged.

Other Documents