Brett J. Malfetano

Badge #14275, White Male
Former Police Officer at 40th Precinct
Service started July 2018, ended January 2024, Tax #966183

Substantiated Allegations:
Abuse of Authority: Entry of Premises

Lawsuit Settlements:
$40,000   Benjamin, Dushawn V. City of Ny, et al., 2024 BCSC BCSC 805489/2024E
$132,500   Sanchez-Lopez, Carlos et Al, vs City of Ny, et al., 2023 BCSC BCSC 814790/2023E
$7,000   Castillo, Jean Carlos, et Al vs City of Ny, et Al.., 2022 BCSC BCSC 808608/2022E
View Details

Complaints

17 Complaints
54 Allegations
1 Substantiated
1 Substantiated (Command Discipline B)
47 Miscellaneous - Subject Resigned
3 Unfounded
3 Within NYPD Guidelines

Complaint #202311349, November 2023
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Black Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Failure to Explain
Complainant: Black Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Improper use of body-worn camera
Complainant: Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
additional details

Complaint #202307804, August 2023
Allegation: Abuse of Authority: Frisk
Complainant: Male, 18-20
CCRB Conclusion: Miscellaneous - Subject Resigned
additional details

Complaint #202305508, June 2023
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 25-29
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Black Male, 25-29
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Black Male, 25-29
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Miscellaneous - Subject Resigned
additional details

Complaint #202304472, May 2023
Allegation: Abuse of Authority: Refusal to provide name
Complainant: Black Male, 30-34
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Black Male, 30-34
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 30-34
CCRB Conclusion: Miscellaneous - Subject Resigned
additional details

Complaint #202304485, May 2023
Allegation: Force: Physical force
Complainant: Age 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Discourtesy: Word
Complainant: Age 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Discourtesy: Word
Complainant: Age 18-20
CCRB Conclusion: Miscellaneous - Subject Resigned
additional details

Complaint #202304930, May 2023
Allegation: Force: Physical force
Complainant: Black Male, 40-44
CCRB Conclusion: Miscellaneous - Subject Resigned
additional details

Complaint #202309668, April 2023
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 15-17
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 15-17
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Failure to Explain
Complainant: Black Male, 15-17
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Refusal to provide shield number
Complainant: Black Male, 15-17
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Black Male, 15-17
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Improper use of body-worn camera
Complainant: Male, 15-17
CCRB Conclusion: Miscellaneous - Subject Resigned
additional details

Complaint #202303281, April 2023
Allegation: Abuse of Authority: Refusal to obtain medical treatment
Complainant: Black Male, 25-29
CCRB Conclusion: Unfounded
additional details

Complaint #202302478, March 2023
Allegation: Force: Physical force
Complainant: Black Male, 18-20
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Bias-Based Policing (Race)
Complainant: Male, 18-20
CCRB Conclusion: Miscellaneous - Subject Resigned
additional details

Complaint #202302435, March 2023
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Black Male, 25-29
CCRB Conclusion: Miscellaneous - Subject Resigned
additional details

Complaint #202303889, March 2023
Allegation: Abuse of Authority: Refusal to provide name
Complainant: Black Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Refusal to provide shield number
Complainant: Black Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Interference with recording
Complainant: Black Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Force: Physical force
Complainant: Black Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Improper use of body-worn camera
Complainant: Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
additional details

Complaint #202304721, February 2023
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Improper use of body-worn camera
Complainant: Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Bias-Based Policing (Race)
Complainant: Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
additional details

Complaint #202306493, February 2023
Allegation: Discourtesy: Word
Complainant: Black Male, 35-39
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 35-39
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 35-39
CCRB Conclusion: Miscellaneous - Subject Resigned
additional details

Complaint #202301228, February 2023
Allegation: Abuse of Authority: Bias-Based Policing (Race)
Complainant: Male, 10-14
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Hispanic Male, 10-14
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Failure to Explain
Complainant: Hispanic Male, 10-14
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Frisk
Complainant: Hispanic Male, 10-14
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Male, 10-14
CCRB Conclusion: Miscellaneous - Subject Resigned
additional details

Complaint #202203603, June 2022
Allegation: Abuse of Authority: Entry of Premises
Complainant: Hispanic Female, 45-49
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Force: Physical force
Complainant: Hispanic Female, 45-49
CCRB Conclusion: Within NYPD Guidelines
Documents: Complaint Closing Report
additional details

Complaint #202106547, October 2021
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #202106177, March 2021
Allegation: Force: Gun Pointed
Complainant: Hispanic Male, 30-34
CCRB Conclusion: Unfounded
Allegation: Force: Gun Pointed
Complainant: Hispanic Female, 30-34
CCRB Conclusion: Unfounded
additional details

Complaint #202311349, November 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Black Male, 21-24 Miscellaneous - Subject Resigned
Abuse of Authority: Stop Black Male, 21-24 Miscellaneous - Subject Resigned
Abuse of Authority: Frisk Black Male, 21-24 Miscellaneous - Subject Resigned
Abuse of Authority: Stop Miscellaneous - Subject Resigned
Abuse of Authority: Failure to provide RTKA card Black Male, 21-24 Miscellaneous - Subject Resigned
Abuse of Authority: Failure to Explain Black Male, 21-24 Miscellaneous - Subject Resigned
Abuse of Authority: Improper use of body-worn camera Male, 21-24 Miscellaneous - Subject Resigned
additional details
Complaint #202307804, August 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Frisk Male, 18-20 Miscellaneous - Subject Resigned
additional details
Complaint #202305508, June 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Black Male, 25-29 Miscellaneous - Subject Resigned
Abuse of Authority: Failure to provide RTKA card Black Male, 25-29 Miscellaneous - Subject Resigned
Abuse of Authority: Failure to provide RTKA card Black Male, 25-29 Miscellaneous - Subject Resigned
Abuse of Authority: Failure to provide RTKA card Miscellaneous - Subject Resigned
additional details
Complaint #202304472, May 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name Black Male, 30-34 Miscellaneous - Subject Resigned
Abuse of Authority: Failure to provide RTKA card Black Male, 30-34 Miscellaneous - Subject Resigned
Abuse of Authority: Vehicle search Black Male, 30-34 Miscellaneous - Subject Resigned
additional details
Complaint #202304485, May 2023
Allegation Complainant CCRB Conclusion
Force: Physical force Age 21-24 Miscellaneous - Subject Resigned
Discourtesy: Word Age 21-24 Miscellaneous - Subject Resigned
Discourtesy: Word Age 18-20 Miscellaneous - Subject Resigned
additional details
Complaint #202304930, May 2023
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 40-44 Miscellaneous - Subject Resigned
additional details
Complaint #202309668, April 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Black Male, 15-17 Miscellaneous - Subject Resigned
Abuse of Authority: Stop Black Male, 15-17 Miscellaneous - Subject Resigned
Abuse of Authority: Failure to Explain Black Male, 15-17 Miscellaneous - Subject Resigned
Abuse of Authority: Refusal to provide shield number Black Male, 15-17 Miscellaneous - Subject Resigned
Abuse of Authority: Failure to provide RTKA card Black Male, 15-17 Miscellaneous - Subject Resigned
Abuse of Authority: Improper use of body-worn camera Male, 15-17 Miscellaneous - Subject Resigned
additional details
Complaint #202303281, April 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to obtain medical treatment Black Male, 25-29 Unfounded
additional details
Complaint #202302478, March 2023
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 18-20 Miscellaneous - Subject Resigned
Abuse of Authority: Bias-Based Policing (Race) Male, 18-20 Miscellaneous - Subject Resigned
additional details
Complaint #202302435, March 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Failure to provide RTKA card Black Male, 25-29 Miscellaneous - Subject Resigned
additional details
Complaint #202303889, March 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name Black Male, 21-24 Miscellaneous - Subject Resigned
Abuse of Authority: Refusal to provide shield number Black Male, 21-24 Miscellaneous - Subject Resigned
Abuse of Authority: Stop Black Male, 21-24 Miscellaneous - Subject Resigned
Abuse of Authority: Interference with recording Black Male, 21-24 Miscellaneous - Subject Resigned
Force: Physical force Black Male, 21-24 Miscellaneous - Subject Resigned
Abuse of Authority: Improper use of body-worn camera Male, 21-24 Miscellaneous - Subject Resigned
additional details
Complaint #202304721, February 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Black Male, 21-24 Miscellaneous - Subject Resigned
Abuse of Authority: Stop Black Male, 21-24 Miscellaneous - Subject Resigned
Abuse of Authority: Frisk Black Male, 21-24 Miscellaneous - Subject Resigned
Abuse of Authority: Improper use of body-worn camera Male, 21-24 Miscellaneous - Subject Resigned
Abuse of Authority: Bias-Based Policing (Race) Male, 21-24 Miscellaneous - Subject Resigned
additional details
Complaint #202306493, February 2023
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 35-39 Miscellaneous - Subject Resigned
Abuse of Authority: Frisk Black Male, 35-39 Miscellaneous - Subject Resigned
Abuse of Authority: Vehicle search Black Male, 35-39 Miscellaneous - Subject Resigned
additional details
Complaint #202301228, February 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Bias-Based Policing (Race) Male, 10-14 Miscellaneous - Subject Resigned
Abuse of Authority: Failure to provide RTKA card Hispanic Male, 10-14 Miscellaneous - Subject Resigned
Abuse of Authority: Failure to Explain Hispanic Male, 10-14 Miscellaneous - Subject Resigned
Abuse of Authority: Frisk Hispanic Male, 10-14 Miscellaneous - Subject Resigned
Abuse of Authority: Stop Hispanic Male, 10-14 Miscellaneous - Subject Resigned
additional details
Complaint #202203603, June 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Entry of Premises Hispanic Female, 45-49 Substantiated (Command Discipline B)
Force: Physical force Hispanic Female, 45-49 Within NYPD Guidelines
Documents: Complaint Closing Report
additional details
Complaint #202106547, October 2021
Allegation CCRB Conclusion
Abuse of Authority: Entry of Premises Within NYPD Guidelines
Abuse of Authority: Entry of Premises Within NYPD Guidelines
additional details
Complaint #202106177, March 2021
Allegation Complainant CCRB Conclusion
Force: Gun Pointed Hispanic Male, 30-34 Unfounded
Force: Gun Pointed Hispanic Female, 30-34 Unfounded
additional details

Conclusion Meanings:

'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.
'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, $179,500 total settlements.

Caldwell, Kirk & Villega, Dashawan vs City of Ny, et al.
Case # 801483/2025E, Supreme Court - Bronx, March 20, 2025

Ortiz, Edward vs City of Ny, et al.
Case # 809088/2024E, Supreme Court - Bronx, June 7, 2024
Complaint
Description: On October 28, 2021, the plaintiff was robbed by a homeless person who threatened him with a knife. While the plaintiff was defending himself, NYPD officers, including Officer Brett Malfetano and John or Jane Doe 1-10, approached the scene. Instead of assisting the plaintiff, the defendants shot him with a conductive electrical device (taser), deploying razor-sharp prongs into his body. Despite the plaintiff posing no danger, he was tased more than four times. The defendants then violently threw the plaintiff to the ground, pressing their knees, hands, and bodies onto his back while continuing to excessively tase him. They contorted the plaintiff’s arms behind his back and applied metal handcuffs in an excessiv...

Benjamin, Dushawn V. City of Ny, et al.
Case # 805489/2024E, Supreme Court - Bronx, April 3, 2024, ended March 18, 2025
$40,000 Settlement

Sanchez-Lopez, Carlos et Al, vs City of Ny, et al.
Case # 814790/2023E, Supreme Court - Bronx, September 27, 2023, ended January 8, 2026
$132,500 Settlement
Complaint
Description: On May 19, 2023, Plaintiff was lawfully in the street when he was accosted by PO Mayky Santos, PO Juan Martinez-Cabrera, PO Ryan Hennessy, PO Brett Malfetano, and two unknown officers. The officers, without probable cause or a warrant, stopped, searched, assaulted, battered, and arrested plaintiff. Plaintiff was then incarcerated for over 24 hours.

Castillo, Jean Carlos, et Al vs City of Ny, et Al..
Case # 808608/2022E, Supreme Court - Bronx, August 30, 2022, ended August 31, 2023
$7,000 Settlement
Complaint
Description: On March 24, 2021, Plaintiffs were in their apartment located in Bronx, celebrating their son's birthday when the Defendants police officers DARWIN DUME and BRETT MALFETANO banged violently and repeatedly upon the door. Plaintiffs opened the door and observed Defendants with their taser and gun already drawn without adequate cause and in contravention with NYPD's policy. At no point did Plaintiffs threaten the officers or anyone else, were not armed, were not resisting arrest or attempting to flee. Plaintiffs did not resist the arrest, but the force used by Defendants caused Plaintiffs personal, physical, and emotional injuries. In addition, the pointed guns caused great emotional troubles.