Brian Query

Brian Query

Brian Query
Lieutenant Special Assignment at Police Service Area 7 since February 2022, active
Also served at US Open Tennis Detail, 40th Precinct, Patrol Borough Bronx Task Force, Police Service Area 8, Narcotics Borough Bronx, 42nd Precinct
Service started January 2005, made $197,000 last year, Tax #937315
Hispanic Male, 41

Substantiated Allegations:
Abuse of Authority: Failure to provide RTKA card
Abuse of Authority: Refusal to obtain medical treatment

Discipline Cases:

Case: 2023-28655
Closed: 12/13/2023
Case: 2022-26564
Closed: 7/4/2023

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Lawsuit settlements:
$24,000   Ojeda, Annabella vs City of New York, et al., 2021 SDNY SDNY 21CV05775
$72,000   Gilliam, Marcus, et Al vs Lynch, Patrick, et al., 2021 SDNY SDNY 21CV05263
$30,000   Tarawally, Abdul vs City of New York, et al., 2013 BCSC BCSC 024260/2013E
View Details

Complaints

10 Complaints
23 Allegations
2 Substantiated
1 Substantiated (Command Discipline B)
1 Substantiated (Formalized Training)
1 Complainant Uncooperative
11 Exonerated
2 OMB PEG Directive Closure
7 Unsubstantiated

Complaint #202306977, July 2023
Allegation: Abuse of Authority: Seizure of property
Complainant: Puerto Rican Male, 45-49
CCRB Conclusion: OMB PEG Directive Closure
Allegation: Abuse of Authority: Seizure of property
Complainant: Male, 70-74
CCRB Conclusion: OMB PEG Directive Closure
additional details

Complaint #202101390, February 2021
Allegation: Abuse of Authority: Threat of arrest
Complainant: Male, 35-39
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Threat re: removal to hospital
Complainant: Male, 35-39
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Stop
Complainant: Male, 35-39
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Improper dissemination of medical info
Complainant: Male, 35-39
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Male, 35-39
CCRB Conclusion: Substantiated (Formalized Training)
Penalty: Formalized Training
additional details

Complaint #202004551, June 2020
Allegation: Force: Physical force
Complainant: Black Male, 30-34
CCRB Conclusion: Exonerated
Documents: Complaint Closing Report
additional details

Complaint #201706222, July 2017
Allegation: Force: Physical force
Complainant: Black Male, 21
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Refusal to obtain medical treatment
Complainant: Black Male, 21
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Conclusion: DAO case
Penalty: Closed Administratively (No penalty reported)
Documents: Complaint Closing Report
additional details

Complaint #201701004, February 2017
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201603311, April 2016
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Male, 30
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to process civilian complaint
Complainant: Black Female, 28
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Female, 28
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201206984, May 2012
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Female, 44
CCRB Conclusion: Unsubstantiated
Allegation: Offensive Language: Gender
Complainant: Black Female, 44
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200809666, July 2007
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 42
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 42
CCRB Conclusion: Exonerated
additional details

Complaint #200605012, April 2006
Allegation: Force: Physical force
Complainant: Black Male, 25
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 21
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Question and/or stop
Complainant: Black Male, 25
CCRB Conclusion: Exonerated
additional details

Complaint #200508686, July 2005
Allegation: Abuse of Authority: Strip-searched
Complainant: Hispanic Male, 19
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Question and/or stop
Complainant: Hispanic Male, 19
CCRB Conclusion: Exonerated
additional details

Complaint #202306977, July 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Seizure of property Puerto Rican Male, 45-49 OMB PEG Directive Closure
Abuse of Authority: Seizure of property Male, 70-74 OMB PEG Directive Closure
additional details
Complaint #202101390, February 2021
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Male, 35-39 Exonerated
Abuse of Authority: Threat re: removal to hospital Male, 35-39 Exonerated
Abuse of Authority: Stop Male, 35-39 Exonerated
Abuse of Authority: Improper dissemination of medical info Male, 35-39 Unsubstantiated
Abuse of Authority: Failure to provide RTKA card Male, 35-39 Substantiated (Formalized Training)
Penalty: Formalized Training
additional details
Complaint #202004551, June 2020
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 30-34 Exonerated
Documents: Complaint Closing Report
additional details
Complaint #201706222, July 2017
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 21 Exonerated
Abuse of Authority: Refusal to obtain medical treatment Black Male, 21 Substantiated (Command Discipline B)
NYPD Conclusion: DAO case
Penalty: Closed Administratively (No penalty reported)
Documents: Complaint Closing Report
additional details
Complaint #201701004, February 2017
Allegation CCRB Conclusion
Abuse of Authority: Gun Drawn Complainant Uncooperative
additional details
Complaint #201603311, April 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Black Male, 30 Unsubstantiated
Abuse of Authority: Refusal to process civilian complaint Black Female, 28 Unsubstantiated
Abuse of Authority: Refusal to provide name/shield number Black Female, 28 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201206984, May 2012
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name/shield number Black Female, 44 Unsubstantiated
Offensive Language: Gender Black Female, 44 Unsubstantiated
additional details
Complaint #200809666, July 2007
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 42 Exonerated
Abuse of Authority: Frisk Black Male, 42 Exonerated
additional details
Complaint #200605012, April 2006
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 25 Exonerated
Abuse of Authority: Threat of arrest Black Male, 21 Exonerated
Abuse of Authority: Question and/or stop Black Male, 25 Exonerated
additional details
Complaint #200508686, July 2005
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Hispanic Male, 19 Unsubstantiated
Abuse of Authority: Question and/or stop Hispanic Male, 19 Exonerated
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.
'OMB PEG Directive Closure': Due to citywide budget cuts, CCRB is no longer able to fully investigate certain cases within its jurisdiction and suspended investigating some types of complaints.
'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Discipline

Case: 2023-28655
Closed: 12/13/2023
Case Details:
  1. Violated Department social media guidelines.
Penalty: C - Command Discipline, vacation days (2 days)
Recommendation: Charges and Specifications

Case: 2022-26564
Closed: 7/4/2023
Case Details:
  1. Failed to make required entries in Department logs.
  2. Violated patrol rules - failed to provide a business card
Penalty: Training
Recommendation: Other


Lawsuits

Named in 9 known lawsuits, $126,000 total settlements.

Lee, Cheyenne vs City of New York, et al.
Case # 23CV01697, U.S. District Court - Southern District NY, March 2, 2023
Complaint
Description: On December 3, 2021, Plaintiff was at home caring for her teenage nephew and his father, who both require regular assistance, when she heard a knock on the door. When she opened the door, she was confronted by PO lieutenant Brian Query, and police officers Macciel Restituyo, David Perez, Lissa Solermarte, Praveen Davis, Alex Almonte Pichardo, Jason Gonzalez, Daniel Reisert and Flamur Gashi. The officers, who had received a 911 call, demanded to speak with the nephew and then, without a warrant or consent, barged into the apartment. Once inside, lieutenant Query asked Lee where her nephew was, and she responded that he was in his room. The officers then approached the nephew’s room, and PO Solermarte, Query, and...

Ojeda, Annabella vs City of New York, et al.
Case # 21CV05775, U.S. District Court - Southern District NY, July 22, 2021, ended July 1, 2022
$24,000 Settlement
Complaint
Description: On June 15, 2020, plaintiff was working her shift at Shake Shack. P.O. Precious Cummings placed a pick-up order and complained that her milkshake tasted strange. In response, the store manager gave her and other officers with her coupons for free meals. Another group of officers, including P.O.s Genesis Nova-Diaz and Edwin Reyes-Estrada, arrived and placed milkshake orders, and later claimed falsely that they had been poisoned. Yet another group of officers, including P.O.s Elliot Zinstein and Brian Query, arrived and declared the area to be a "crime scene." Plaintiff and 4 other Shake Shack employees were instructed to remain at the premises. An unidentified officer demanded to see plaintiff's identific...

Gilliam, Marcus, et Al vs Lynch, Patrick, et al.
Case # 21CV05263, U.S. District Court - Southern District NY, June 17, 2021, ended August 4, 2022
$72,000 Settlement
Complaint
Description: On June 15, 2020, three officers ordered shakes from Shake Shack at Fulton Transit center. Officers complained their shake did not taste right and complained to plaintiff Gilliam, who offered them vouchers as an apology. The order was placed on the mobile app, so employees could not have known the order was from officers. Yet the officers accused plaintiffs of putting a toxic substance in their milkshake. However, the officers did not get sick or exhibit any signs of ingesting a toxic substance. Yet, Sergeant Zinstein set up a crime scene at the Shake Shack and detained all employees. Plaintiff cooperated and allowed them to search the premise and watch surveillance video and provided them samples from the shak...

Gengaro, Jeanette vs City of New York, et al.
Case # 901403/2021E, Supreme Court - Bronx, January 29, 2021

Gengaro, Jeanette vs City of New York, et al.
Case # 801403/2021E, Supreme Court - Bronx, January 29, 2021

Clarke, Troy vs City of New York, et al.
Case # 031997/2018E, Supreme Court - Bronx, December 31, 2018

Moore, Sheniqua vs City of New York, et al.
Case # 021218/2018E, Supreme Court - Bronx, May 30, 2018

Moore, Tyreek vs City of New York, et al.
Case # 021215/2018E, Supreme Court - Bronx, May 30, 2018

Tarawally, Abdul vs City of New York, et al.
Case # 024260/2013E, Supreme Court - Bronx, November 13, 2013, ended October 31, 2016
$30,000 Settlement