James K. Cleary

Badge #1241, White Male, 38
Sergeant at 34th Precinct Detective Squad since April 2023, active
Also served at 20th Precinct Detective Squad, 32nd Precinct, Gang Squad Manhattan
Service started July 2008, made $183,000 last year, Tax #946866

Substantiated Allegations:
Abuse of Authority: Frisk
Abuse of Authority: Question
Abuse of Authority: Search (of person)

Lawsuit settlements:
$18,500   Banner, Lamont vs City of New York, et al., 2018 BCSC BCSC 022438/2018E
View Details

Complaints

4 Complaints
9 Allegations
3 Substantiated
3 Substantiated (Command Discipline A)
2 Complaint Withdrawn
3 Exonerated
1 Unfounded

Complaint #202100904, January 2021
Allegation: Abuse of Authority: Threat of arrest
Complainant: Female, 25-29
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse of Authority: Threat of summons
Complainant: Female, 25-29
CCRB Conclusion: Complaint Withdrawn
additional details

Complaint #201502017, March 2015
Allegation: Force: Hit against inanimate object
Complainant: Black Male, 30
CCRB Conclusion: Exonerated
additional details

Complaint #201500655, January 2015
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 20
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 20
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Question
Complainant: Black Male, 20
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 20
CCRB Conclusion: Exonerated
additional details

Complaint #200905376, April 2009
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 16
CCRB Conclusion: Exonerated
additional details

Complaint #202100904, January 2021
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Female, 25-29 Complaint Withdrawn
Abuse of Authority: Threat of summons Female, 25-29 Complaint Withdrawn
additional details
Complaint #201502017, March 2015
Allegation Complainant CCRB Conclusion
Force: Hit against inanimate object Black Male, 30 Exonerated
additional details
Complaint #201500655, January 2015
Allegation Complainant CCRB Conclusion
Abuse of Authority: Frisk Black Male, 20 Substantiated (Command Discipline A)
Abuse of Authority: Search (of person) Black Male, 20 Substantiated (Command Discipline A)
Abuse of Authority: Question Black Male, 20 Substantiated (Command Discipline A)
Abuse of Authority: Gun Drawn Unfounded
Abuse of Authority: Stop Black Male, 20 Exonerated
additional details
Complaint #200905376, April 2009
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 16 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.
'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.

Further details on conclusion definitions.


Lawsuits

Named in 4 known lawsuits, $18,500 total settlements.

Peralta, Aneury vs City of New York, et al.
Case # 155296/2018, Supreme Court - New York, May 3, 2019, ended September 4, 2019
Zero Disposition
Complaint
Description: On July 7, 2015, plaintiff was driving with his sister on the passenger seat when they were pulled over by defendant police officers in plainclothes. The defendants gave conflicting instructions about whether plaintiff was free to go and were verbally belligerent. After initially proceeding, plaintiff pulled into a parking spot and was suddenly grabbed by the same police officers who falsely arrested him. They shoved him to the ground, hit him with wooden sticks and punched him. Plaintiff was then taken to the precinct and processed before being brought to hospital for the injuries he sustained. Plaintiff was subsequently falsely charged with assault, obstruction and resisting arrest.

Daniels, Deshawn vs City of New York, et al.
Case # 18CV03717, U.S. District Court - Southern District NY, May 11, 2018

Daniels, Deshawn vs City of New York, et al.
Case # 18CV01737, U.S. District Court - Southern District CA, May 11, 2018
Complaint
Description: On March 18, 2015, the plaintiff was pulled over for allegedly making an illegal left turn and asked to step out of his vehicle. Officers searched the plaintiff, revealing a butterfly knife, and his car without consent. Officers took plaintiff to the precinct and conducted a strip search before placing him in a cell for two or three hours. Officers returned and forced plaintiff to strip in front of the other people in the holding cell. Officers placed the plaintiff in handcuffs, held him on a table, and attempted to conduct an anal cavity check. Plaintiff refused and was slammed on the table and struck. The officers did not return all of plaintiff's property upon release and falsified a charge that he was i...

Banner, Lamont vs City of New York, et al.
Case # 022438/2018E, Supreme Court - Bronx, April 19, 2018, ended May 9, 2019
$18,500 Settlement