Brian W. Mccarthy

Brian W. Mccarthy

Brian W. Mccarthy
Badge #4227, White Male, 35
Sergeant at 78th Precinct since January 2023, active
Service started January 2012, made $141,000 last year, Tax #951982

Substantiated Allegations:
Discourtesy: Word

Lawsuit settlements:
$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

6 Complaints
16 Allegations
1 Substantiated
1 Substantiated (Instructions)
1 Closed - Pending Litigation
1 Exonerated
6 Unfounded
7 Unsubstantiated

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
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 #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
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 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 2 known lawsuits, $32,500 total settlements.

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.

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