John A. Labianca

John A. Labianca

John A. Labianca
Badge #14211, White Male
Police Officer at 40th Precinct since December 2020
Also served at 50th Precinct
Service started January 2008, made $176,000 last year, Tax #945892

Substantiated Allegations:
Force: Hit against inanimate object
Force: Physical force
Abuse of Authority: Improper use of body-worn camera (2)
Abuse of Authority: Unlawful Arrest
Discourtesy: Word (2)
Offensive Language: Disability

Discipline Cases:

Case: 2020-22661
Closed: 12/14/2020

View Details

Lawsuit Settlements:
$7,500   Gonzalez, Jose vs City of New York, et al., 2019 BCSC BCSC 028037/2019E
$20,000   Rivera, Richard vs City of New York, et al., 2018 BCSC BCSC 030440/2018E
$10,000   Gonzalez, Dionis, et al. vs City of New York, et al., 2018 SDNY SDNY 18CV02143
View Details

Complaints

6 Complaints
15 Allegations
8 Substantiated
1 Substantiated (Formalized Training)
3 Substantiated (Command Discipline A)
3 Substantiated (Charges)
1 Substantiated (Command Discipline B)
2 Complainant Uncooperative
4 Exonerated
1 Unsubstantiated

Complaint #202501909, February 2025
Allegation: Force: Physical force
Complainant: Hispanic Male, 45-49
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Force: Hit against inanimate object
Complainant: Hispanic Male, 45-49
CCRB Conclusion: Substantiated (Charges)
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 45-49
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Unlawful Arrest
Complainant: Hispanic Male, 45-49
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Improper use of body-worn camera
Complainant: Male, 45-49
CCRB Conclusion: Substantiated (Command Discipline A)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details

Complaint #202411850, November 2024
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 15-17
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Offensive Language: Disability
Complainant: Hispanic Male, 15-17
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Improper use of body-worn camera
Complainant: Male, 15-17
CCRB Conclusion: Substantiated (Formalized Training)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details

Complaint #201900185, January 2019
Allegation: Abuse of Authority: Threat of summons
Complainant: Male, 30
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201610198, December 2016
Allegation: Force: Physical force
Complainant: Hispanic Male, 32
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201610050, December 2016
Allegation: Abuse of Authority: Vehicle search
Complainant: Hispanic Male, 36
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Vehicle stop
Complainant: Hispanic Male, 36
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 36
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Hispanic Male, 36
CCRB Conclusion: Exonerated
Documents: Complaint Closing Report
additional details

Complaint #201609996, December 2016
Allegation: Abuse of Authority: Threat of summons
Complainant: Hispanic Male, 25
CCRB Conclusion: Exonerated
additional details

Complaint #202501909, February 2025
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 45-49 Substantiated (Command Discipline B)
Force: Hit against inanimate object Hispanic Male, 45-49 Substantiated (Charges)
Discourtesy: Word Hispanic Male, 45-49 Substantiated (Command Discipline A)
Abuse of Authority: Unlawful Arrest Hispanic Male, 45-49 Substantiated (Charges)
Abuse of Authority: Improper use of body-worn camera Male, 45-49 Substantiated (Command Discipline A)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details
Complaint #202411850, November 2024
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Male, 15-17 Substantiated (Command Discipline A)
Offensive Language: Disability Hispanic Male, 15-17 Substantiated (Charges)
Abuse of Authority: Improper use of body-worn camera Male, 15-17 Substantiated (Formalized Training)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details
Complaint #201900185, January 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of summons Male, 30 Complainant Uncooperative
additional details
Complaint #201610198, December 2016
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 32 Complainant Uncooperative
additional details
Complaint #201610050, December 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Hispanic Male, 36 Exonerated
Abuse of Authority: Vehicle stop Hispanic Male, 36 Exonerated
Discourtesy: Word Hispanic Male, 36 Unsubstantiated
Force: Physical force Hispanic Male, 36 Exonerated
Documents: Complaint Closing Report
additional details
Complaint #201609996, December 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of summons Hispanic Male, 25 Exonerated
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.
'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.

Further details on conclusions.


Discipline

Case: 2020-22661
Closed: 12/14/2020
Case Details:
  1. Guilty: Made improper contact/communications (texts).
  2. Guilty: Made inappropriate comments.
Penalty: Dismissal probation (12 months), vacation days (40 days)


Lawsuits

Named in 3 known lawsuits, $37,500 total settlements.

Gonzalez, Jose vs City of New York, et al.
Case # 028037/2019E, Supreme Court - Bronx, July 16, 2019, ended June 16, 2020
$7,500 Settlement
Complaint
Description: On July 5, 2017, Police officer John Labianca, Joseph Rodriguez, John Galbo, Jordan Karras, Lieutenant John Forder, and other officers unlawfully seized, searched, and arrested plaintiff, applying tight handcuffs without justification. Defendants intentionally punched, shoved, kneed, and slammed the plaintiff's body. Defendants provided false and misleading information to prosecutors. On or about July 18, 2018, the charges against plaintiff were dismissed by acquittal.

Rivera, Richard vs City of New York, et al.
Case # 030440/2018E, Supreme Court - Bronx, September 12, 2018, ended May 2, 2022
$20,000 Settlement
Complaint
Description: On October 19, 2016 at approximately 8:52 p.m., plaintiff Richard Rivera was unlawfully touched, searched, seized, and detained with excessive force by the defendants. The plaintiff was in the vicinity of 145 West Kingsbridge Road in the Bronx when the defendants unlawfully arrested and restrained him. Specifically, defendant NYPD Officer John Labianca processed the arrest based on false observations of the plaintiff engaging in loitering and disorderly conduct. The defendants, the City of New York, Officer John Labianca, and unnamed NYPD Officers John / Jane Doe I-IV, used loaded firearms, limbs, and other objects to physically strike the plaintiff. The officers also used handcuffs so tight on the plaintiff th...

Gonzalez, Dionis, et al. vs City of New York, et al.
Case # 18CV02143, U.S. District Court - Southern District NY, March 13, 2018, ended September 18, 2018
$10,000 Settlement
Complaint
Description: Defendant Officers approached and arrested one Plaintiff, and approached, assaulted, and arrested the other Plaintiff. They were both taken to the local precinct. One Plaintiff was charged with disorderly conduct and an open container, which were dismissed. The other Plaintiff was charged with two counts of disorderly conduct and one count of resisting arrest, which were eventually dismissed when he acceded to an ACD.

Other Documents