Brian M. Clements

Badge #398, White Male, 51
Sergeant Detective Squad at Gun Violence Suppression Division Zone 02 since September 2020, active
Service started July 1998, made $227,000 last year, Tax #929108

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

Lawsuit settlements:
$130,000   Roman, Christopher vs City of New York, et al., 2016 SDNY SDNY 16CV05680
$60,000   Gonzalez, Steven vs City of New York, et al., 2015 BCSC BCSC 303906/2015
$60,000   Sturdivant, Curtis vs City of New York, et al., 2015 BCSC BCSC 301020/2015
$37,500   Sylla, Bangaly vs City of New York, et La., 2013 BCSC BCSC 301378/2013
$59,750   Hart et al v. City of New York et al, SDNY SDNY 12CV02628
View Details

Complaints

22 Complaints
57 Allegations
3 Substantiated
3 Substantiated (Charges)
3 Alleged Victim Unavailable
8 Alleged Victim Uncooperative
3 Complainant Unavailable
2 Complainant Uncooperative
6 Complaint Withdrawn
14 Exonerated
2 Unfounded
15 Unsubstantiated
1 Victim Unidentified

Complaint #201803486, April 2018
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Exonerated
additional details

Complaint #201308475, September 2013
Allegation: Abuse of Authority: Search (of person)
Complainant: Hispanic Female, 18
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: Hispanic Female, 18
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Seizure of property
Complainant: Hispanic Female, 44
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Vehicle search
Complainant: Hispanic Female, 18
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Vehicle stop
Complainant: Hispanic Female, 18
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201207239, December 2011
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Male, 19
CCRB Conclusion: Alleged Victim Unavailable
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 19
CCRB Conclusion: Alleged Victim Unavailable
Allegation: Force: Gun Pointed
Complainant: Hispanic Male, 19
CCRB Conclusion: Alleged Victim Unavailable
additional details

Complaint #201100271, January 2011
Allegation: Abuse of Authority: Refusal to process civilian complaint
Complainant: Black Female
CCRB Conclusion: Unfounded
additional details

Complaint #201009062, July 2010
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Male, 24
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 24
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201002328, February 2010
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Male, 19
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Force: Pepper spray
Complainant: Black Male, 19
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Force: Physical force
Complainant: Black Male, 19
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 19
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 19
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Force: Pepper spray
Complainant: Black Male, 19
CCRB Conclusion: Alleged Victim Uncooperative
additional details

Complaint #201001485, January 2010
Allegation: Abuse of Authority: Search (of person)
Complainant: Hispanic Female, 18
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Female, 18
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Frisk
Complainant: Hispanic Male, 32
CCRB Conclusion: Substantiated (Charges)
Penalty: Instructions
additional details

Complaint #200917545, November 2009
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Male, 23
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Property damaged
Complainant: Black Male, 23
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 23
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200913539, August 2009
Allegation: Abuse of Authority: Search (of person)
Complainant: Male, 23
CCRB Conclusion: Victim Unidentified
Allegation: Abuse of Authority: Frisk
Complainant: Hispanic Male, 24
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200912884, August 2009
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Complaint Withdrawn
additional details

Complaint #200912160, August 2009
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 27
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Male, 27
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200912110, July 2009
Allegation: Discourtesy: Word
Complainant: Male
CCRB Conclusion: Complainant Unavailable
Allegation: Abuse of Authority: Stop
Complainant: Male
CCRB Conclusion: Complainant Unavailable
Allegation: Abuse of Authority: Search (of person)
Complainant: Male
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #200900026, January 2009
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Male, 16
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Frisk
Complainant: Hispanic Male, 16
CCRB Conclusion: Exonerated
additional details

Complaint #200812488, August 2008
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: Black Male, 23
CCRB Conclusion: Exonerated
additional details

Complaint #200809067, June 2008
Allegation: Abuse of Authority: Other
Complainant: Black Male, 24
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 24
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 24
CCRB Conclusion: Exonerated
additional details

Complaint #200717089, November 2007
Allegation: Abuse of Authority: Search (of person)
Complainant: White Male
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Abuse of Authority: Frisk
Complainant: White Male
CCRB Conclusion: Alleged Victim Uncooperative
additional details

Complaint #200712266, August 2007
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 24
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 24
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 24
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200502492, March 2005
Allegation: Force: Physical force
Complainant: Black Male, 16
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse of Authority: Question and/or stop
Complainant: Black Male, 16
CCRB Conclusion: Complaint Withdrawn
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 16
CCRB Conclusion: Complaint Withdrawn
additional details

Complaint #200410809, October 2004
Allegation: Abuse of Authority: Question and/or stop
Complainant: Black Male, 14
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 14
CCRB Conclusion: Substantiated (Charges)
Penalty: Instructions
additional details

Complaint #200408458, August 2004
Allegation: Abuse of Authority: Frisk and/or search
Complainant: Hispanic Male, 17
CCRB Conclusion: Exonerated
additional details

Complaint #200407354, July 2004
Allegation: Force: Physical force
Complainant: Hispanic Female, 23
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Hispanic Female, 23
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Retaliatory arrest
Complainant: Hispanic Male, 20
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
additional details

Complaint #200308685, November 2003
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Female, 26
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201803486, April 2018
Allegation CCRB Conclusion
Abuse of Authority: Entry of Premises Exonerated
Abuse of Authority: Search of Premises Exonerated
additional details
Complaint #201308475, September 2013
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Hispanic Female, 18 Unsubstantiated
Abuse of Authority: Frisk Hispanic Female, 18 Unsubstantiated
Abuse of Authority: Seizure of property Hispanic Female, 44 Exonerated
Abuse of Authority: Vehicle search Hispanic Female, 18 Unsubstantiated
Abuse of Authority: Vehicle stop Hispanic Female, 18 Unsubstantiated
additional details
Complaint #201207239, December 2011
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Hispanic Male, 19 Alleged Victim Unavailable
Discourtesy: Word Hispanic Male, 19 Alleged Victim Unavailable
Force: Gun Pointed Hispanic Male, 19 Alleged Victim Unavailable
additional details
Complaint #201100271, January 2011
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to process civilian complaint Black Female Unfounded
additional details
Complaint #201009062, July 2010
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Black Male, 24 Complainant Uncooperative
Abuse of Authority: Stop Black Male, 24 Complainant Uncooperative
additional details
Complaint #201002328, February 2010
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Black Male, 19 Alleged Victim Uncooperative
Force: Pepper spray Black Male, 19 Alleged Victim Uncooperative
Force: Physical force Black Male, 19 Alleged Victim Uncooperative
Abuse of Authority: Stop Black Male, 19 Alleged Victim Uncooperative
Abuse of Authority: Stop Black Male, 19 Alleged Victim Uncooperative
Force: Pepper spray Black Male, 19 Alleged Victim Uncooperative
additional details
Complaint #201001485, January 2010
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Hispanic Female, 18 Unsubstantiated
Abuse of Authority: Stop Hispanic Female, 18 Substantiated (Charges)
Abuse of Authority: Frisk Hispanic Male, 32 Substantiated (Charges)
Penalty: Instructions
additional details
Complaint #200917545, November 2009
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Black Male, 23 Unsubstantiated
Abuse of Authority: Property damaged Black Male, 23 Unsubstantiated
Abuse of Authority: Threat of arrest Black Male, 23 Unsubstantiated
additional details
Complaint #200913539, August 2009
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Male, 23 Victim Unidentified
Abuse of Authority: Frisk Hispanic Male, 24 Unsubstantiated
additional details
Complaint #200912884, August 2009
Allegation CCRB Conclusion
Abuse of Authority: Search (of person) Complaint Withdrawn
Abuse of Authority: Vehicle search Complaint Withdrawn
Abuse of Authority: Stop Complaint Withdrawn
additional details
Complaint #200912160, August 2009
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Black Male, 27 Unsubstantiated
Abuse of Authority: Refusal to provide name/shield number Black Male, 27 Unsubstantiated
additional details
Complaint #200912110, July 2009
Allegation Complainant CCRB Conclusion
Discourtesy: Word Male Complainant Unavailable
Abuse of Authority: Stop Male Complainant Unavailable
Abuse of Authority: Search (of person) Male Complainant Unavailable
additional details
Complaint #200900026, January 2009
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Hispanic Male, 16 Exonerated
Abuse of Authority: Frisk Hispanic Male, 16 Exonerated
additional details
Complaint #200812488, August 2008
Allegation Complainant CCRB Conclusion
Force: Nightstick as club (incl asp & baton) Black Male, 23 Exonerated
additional details
Complaint #200809067, June 2008
Allegation Complainant CCRB Conclusion
Abuse of Authority: Other Black Male, 24 Unfounded
Abuse of Authority: Search (of person) Black Male, 24 Exonerated
Abuse of Authority: Frisk Black Male, 24 Exonerated
additional details
Complaint #200717089, November 2007
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) White Male Alleged Victim Uncooperative
Abuse of Authority: Frisk White Male Alleged Victim Uncooperative
additional details
Complaint #200712266, August 2007
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 24 Unsubstantiated
Abuse of Authority: Search (of person) Black Male, 24 Unsubstantiated
Abuse of Authority: Frisk Black Male, 24 Unsubstantiated
additional details
Complaint #200502492, March 2005
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 16 Complaint Withdrawn
Abuse of Authority: Question and/or stop Black Male, 16 Complaint Withdrawn
Abuse of Authority: Search (of person) Black Male, 16 Complaint Withdrawn
additional details
Complaint #200410809, October 2004
Allegation Complainant CCRB Conclusion
Abuse of Authority: Question and/or stop Black Male, 14 Exonerated
Abuse of Authority: Search (of person) Black Male, 14 Substantiated (Charges)
Penalty: Instructions
additional details
Complaint #200408458, August 2004
Allegation Complainant CCRB Conclusion
Abuse of Authority: Frisk and/or search Hispanic Male, 17 Exonerated
additional details
Complaint #200407354, July 2004
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Female, 23 Exonerated
Abuse of Authority: Threat of arrest Hispanic Female, 23 Exonerated
Abuse of Authority: Retaliatory arrest Hispanic Male, 20 Exonerated
Force: Physical force Exonerated
additional details
Complaint #200308685, November 2003
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name/shield number Black Female, 26 Unsubstantiated
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 8 known lawsuits, $347,250 total settlements.

Fermin, Andres vs City of New York, et al.
Case # 025947/2018E, Supreme Court - Bronx, September 18, 2018

Roman, Christopher vs City of New York, et al.
Case # 16CV05680, U.S. District Court - Southern District NY, June 17, 2016, ended February 12, 2018
$130,000 Settlement
Complaint, Summons/Complaint
Description: Plaintiff was leaving an establishment when he happened upon a fight and got stuck in it. Defendant Officers then arrived, arrested Plaintiff, took him to the 48th Precinct, and charged him with assault and weapon possession for allegedly stabbing an individual with a knife they recovered. Officers continually ignored exonerating evidence and Plaintiff went to trial where he was acquitted of all charges.

Gonzalez, Steven vs City of New York, et al.
Case # 303906/2015, Supreme Court - Bronx, September 28, 2015, ended June 20, 2018
$60,000 Settlement

Sturdivant, Curtis vs City of New York, et al.
Case # 301020/2015, Supreme Court - Bronx, March 17, 2015, ended April 11, 2019
$60,000 Settlement
Complaint

Sylla, Bangaly vs City of New York, et La.
Case # 301378/2013, Supreme Court - Bronx, June 24, 2013, ended March 11, 2015
$37,500 Settlement

Carter vs. The City of New York et al
Case # 311478/2011, Supreme Court - Bronx
Settlement
Complaint

Hart et al v. City of New York et al
Case # 12CV02628, U.S. District Court - Southern District NY
$59,750 Settlement
Stipulation, Amended Complaint
Description: Defendant officers approached Plaintiffs on the street, searched them, put them in a police van, and then sprayed Plaintiff 1 in the face with pepper spray. Plaintiffs were taken to the 48th precinct, where Plaintiff 2 was issued a summons and released, and the summons was later dismissed for facial insufficiency. Plaintiff 1 was charged with false charges that were ACD'd.

Roman v. City of New York et al.
Case # 15CV05730, U.S. District Court - Southern District NY
Complaint
Description: Plaintiff was approached by defendant officers after he was a victim of an attack. During said attack, the plaintiff was stabbed in the leg. When the defendant officers arrived, a knife was still protruding from plaintiff's leg. Defendant Officers pepper sprayed, tightly handcuffed, and arrested plaintiff. He was thereafter hospitalized and ultimately brought to the 48th precinct. When he was brought to Central Booking, he was charged with assault and criminal possession of a weapon. After over a year in custody, the plaintiff was acquitted of all charges.

Other Documents

Brooklyn DA Disclosure Letter references additional CCRB complaint #200904921 and additional lawsuits 11CV5339, 12CV2627