Brian Jay

Badge #29733, White Male

Former Police Officer at 34th Precinct

Service started April 1997, ended June 2017, Tax #919208

Substantiated Allegations:
Force: Pepper spray

Lawsuit settlements:
$40,000 Concepcion, Bernie vs City of New York, et al., 2015 NYCSC NYCSC 158305/2015
$75,000 Perez, Gary E. vs City of New York, et al., 2014 NYCSC NYCSC 150770/2014
View Details

Complaints

21 Complaints

47 Allegations

1 Substantiated

1 Substantiated (Charges)

1 Alleged Victim Uncooperative

4 Complainant Unavailable

5 Complainant Uncooperative

5 Complaint Withdrawn

14 Exonerated

9 Unfounded

8 Unsubstantiated

Complaint #201609846, November 2016

Allegation:	Abuse of Authority: Threat of arrest
Complainant:	White Male, 32
CCRB Conclusion:	Complainant Unavailable

additional details

Complaint #201308890, September 2013

Allegation:	Discourtesy: Word
Complainant:	Hispanic Male, 23
CCRB Conclusion:	Unsubstantiated

additional details

Complaint #201303469, April 2013

Allegation:	Force: Physical force
Complainant:	Hispanic Male, 34
CCRB Conclusion:	Complainant Unavailable

additional details

Complaint #201213541, September 2012

Allegation:	Abuse of Authority: Stop
Complainant:	Hispanic Male, 16
CCRB Conclusion:	Unsubstantiated
Allegation:	Force: Chokehold
Complainant:	Hispanic Male, 16
CCRB Conclusion:	Unfounded
Allegation:	Force: Physical force
Complainant:	Hispanic Male, 16
CCRB Conclusion:	Unfounded

additional details

Complaint #201211388, August 2012

Allegation:	Force: Physical force
Complainant:	Hispanic Male, 26
CCRB Conclusion:	Alleged Victim Uncooperative

additional details

Complaint #201010842, August 2010

Allegation:	Force: Pepper spray
Complainant:	Hispanic Female, 11
CCRB Conclusion:	Substantiated (Charges)
Penalty:	Command Discipline - B

additional details

Complaint #201002590, February 2010

Allegation:	Force: Physical force
Complainant:	Black Male, 21
CCRB Conclusion:	Complainant Unavailable
Allegation:	Force: Radio as club
Complainant:	Black Male, 21
CCRB Conclusion:	Complainant Unavailable

additional details

Complaint #200902423, February 2009

Allegation:	Discourtesy: Word
Complainant:	Hispanic Male, 23
CCRB Conclusion:	Unsubstantiated
Allegation:	Force: Physical force
Complainant:	Hispanic Male, 23
CCRB Conclusion:	Exonerated
Allegation:	Force: Pepper spray
Complainant:	Hispanic Male, 23
CCRB Conclusion:	Exonerated

additional details

Complaint #200901359, January 2009

Allegation:	Abuse of Authority: Refusal to provide name/shield number
Complainant:	Hispanic Male, 20
CCRB Conclusion:	Unsubstantiated
Allegation:	Force: Physical force
Complainant:	Hispanic Male, 20
CCRB Conclusion:	Unsubstantiated
Allegation:	Force: Physical force
Complainant:	Hispanic Male, 20
CCRB Conclusion:	Exonerated

additional details

Complaint #200903642, January 2009

Allegation:	Force: Physical force
Complainant:	Hispanic Male, 24
CCRB Conclusion:	Exonerated
Allegation:	Force: Gun Pointed
Complainant:	Hispanic Male, 24
CCRB Conclusion:	Exonerated
Allegation:	Force: Gun as club
Complainant:	Hispanic Male, 24
CCRB Conclusion:	Unsubstantiated

additional details

Complaint #200806038, April 2008

Allegation:	Force: Physical force
Complainant:	Hispanic Male, 52
CCRB Conclusion:	Exonerated
Allegation:	Force: Pepper spray
Complainant:	Hispanic Male, 52
CCRB Conclusion:	Unfounded
Allegation:	Discourtesy: Word
Complainant:	Hispanic Male, 52
CCRB Conclusion:	Unsubstantiated

additional details

Complaint #200803801, March 2008

Allegation:	Force: Physical force
Complainant:	Hispanic Female, 29
CCRB Conclusion:	Complaint Withdrawn
Allegation:	Discourtesy: Word
Complainant:	Hispanic Female, 29
CCRB Conclusion:	Complaint Withdrawn

additional details

Complaint #200800130, December 2007

Allegation:	Force: Physical force
Complainant:	Hispanic Male, 48
CCRB Conclusion:	Exonerated

additional details

Complaint #200708610, June 2007

Allegation:	Force: Physical force
Complainant:	Black Male, 27
CCRB Conclusion:	Complainant Uncooperative
Allegation:	Abuse of Authority: Frisk
Complainant:	Black Male, 27
CCRB Conclusion:	Complainant Uncooperative
Allegation:	Abuse of Authority: Search (of person)
Complainant:	Black Male, 27
CCRB Conclusion:	Complainant Uncooperative
Allegation:	Discourtesy: Word
Complainant:	Black Male, 27
CCRB Conclusion:	Complainant Uncooperative

additional details

Complaint #200608158, March 2006

Allegation:	Abuse of Authority: Vehicle search
Complainant:	Black Male, 35
CCRB Conclusion:	Exonerated

additional details

Complaint #200306355, August 2003

Allegation:	Force: Handcuffs too tight
Complainant:	Hispanic Male, 33
CCRB Conclusion:	Exonerated
Allegation:	Abuse of Authority: Threat of arrest
Complainant:	Hispanic Male, 33
CCRB Conclusion:	Exonerated
Allegation:	Discourtesy: Word
Complainant:	Hispanic Male, 33
CCRB Conclusion:	Unsubstantiated
Allegation:	Abuse of Authority: Threat to damage/seize property
Complainant:	Hispanic Male, 33
CCRB Conclusion:	Exonerated
Allegation:	Force: Physical force
Complainant:	Hispanic Male, 33
CCRB Conclusion:	Exonerated
Allegation:	Abuse of Authority: Vehicle stop
Complainant:	Hispanic Male, 33
CCRB Conclusion:	Exonerated

additional details

Complaint #200200192, December 2001

Allegation:	Force: Physical force
Complainant:	Hispanic Male, 31
CCRB Conclusion:	Unfounded
Allegation:	Discourtesy: Word
Complainant:	Hispanic Male, 31
CCRB Conclusion:	Unfounded

additional details

Complaint #200104811, June 2001

Allegation:	Discourtesy: Word
Complainant:	Hispanic Female, 27
CCRB Conclusion:	Complaint Withdrawn
Allegation:	Abuse of Authority: Threat of force (verbal or physical)
Complainant:	Hispanic Female, 27
CCRB Conclusion:	Complaint Withdrawn
Allegation:	Abuse of Authority: Property damaged
Complainant:	Hispanic Female, 27
CCRB Conclusion:	Complaint Withdrawn

additional details

Complaint #200102604, March 2001

Allegation:	Force: Physical force
Complainant:	Hispanic Female, 20
CCRB Conclusion:	Exonerated
Allegation:	Discourtesy: Word
Complainant:	Hispanic Female, 20
CCRB Conclusion:	Unfounded
Allegation:	Discourtesy: Word
Complainant:	Hispanic Female, 20
CCRB Conclusion:	Unfounded
Allegation:	Force: Hit against inanimate object
Complainant:	Hispanic Female, 20
CCRB Conclusion:	Unfounded

additional details

Complaint #200101313, February 2001

Allegation:	Force: Physical force
Complainant:	Hispanic Male, 23
CCRB Conclusion:	Complainant Uncooperative

additional details

Complaint #9804961, November 1998

Allegation:	Force: Flashlight as club
CCRB Conclusion:	Unfounded

additional details

Complaint #201609846, November 2016
Allegation	Complainant	CCRB Conclusion
Abuse of Authority: Threat of arrest	White Male, 32	Complainant Unavailable
additional details
Complaint #201308890, September 2013
Allegation	Complainant	CCRB Conclusion
Discourtesy: Word	Hispanic Male, 23	Unsubstantiated
additional details
Complaint #201303469, April 2013
Allegation	Complainant	CCRB Conclusion
Force: Physical force	Hispanic Male, 34	Complainant Unavailable
additional details
Complaint #201213541, September 2012
Allegation	Complainant	CCRB Conclusion
Abuse of Authority: Stop	Hispanic Male, 16	Unsubstantiated
Force: Chokehold	Hispanic Male, 16	Unfounded
Force: Physical force	Hispanic Male, 16	Unfounded
additional details
Complaint #201211388, August 2012
Allegation	Complainant	CCRB Conclusion
Force: Physical force	Hispanic Male, 26	Alleged Victim Uncooperative
additional details
Complaint #201010842, August 2010
Allegation	Complainant	CCRB Conclusion
Force: Pepper spray	Hispanic Female, 11	Substantiated (Charges)
Penalty: Command Discipline - B
additional details
Complaint #201002590, February 2010
Allegation	Complainant	CCRB Conclusion
Force: Physical force	Black Male, 21	Complainant Unavailable
Force: Radio as club	Black Male, 21	Complainant Unavailable
additional details
Complaint #200902423, February 2009
Allegation	Complainant	CCRB Conclusion
Discourtesy: Word	Hispanic Male, 23	Unsubstantiated
Force: Physical force	Hispanic Male, 23	Exonerated
Force: Pepper spray	Hispanic Male, 23	Exonerated
additional details
Complaint #200901359, January 2009
Allegation	Complainant	CCRB Conclusion
Abuse of Authority: Refusal to provide name/shield number	Hispanic Male, 20	Unsubstantiated
Force: Physical force	Hispanic Male, 20	Unsubstantiated
Force: Physical force	Hispanic Male, 20	Exonerated
additional details
Complaint #200903642, January 2009
Allegation	Complainant	CCRB Conclusion
Force: Physical force	Hispanic Male, 24	Exonerated
Force: Gun Pointed	Hispanic Male, 24	Exonerated
Force: Gun as club	Hispanic Male, 24	Unsubstantiated
additional details
Complaint #200806038, April 2008
Allegation	Complainant	CCRB Conclusion
Force: Physical force	Hispanic Male, 52	Exonerated
Force: Pepper spray	Hispanic Male, 52	Unfounded
Discourtesy: Word	Hispanic Male, 52	Unsubstantiated
additional details
Complaint #200803801, March 2008
Allegation	Complainant	CCRB Conclusion
Force: Physical force	Hispanic Female, 29	Complaint Withdrawn
Discourtesy: Word	Hispanic Female, 29	Complaint Withdrawn
additional details
Complaint #200800130, December 2007
Allegation	Complainant	CCRB Conclusion
Force: Physical force	Hispanic Male, 48	Exonerated
additional details
Complaint #200708610, June 2007
Allegation	Complainant	CCRB Conclusion
Force: Physical force	Black Male, 27	Complainant Uncooperative
Abuse of Authority: Frisk	Black Male, 27	Complainant Uncooperative
Abuse of Authority: Search (of person)	Black Male, 27	Complainant Uncooperative
Discourtesy: Word	Black Male, 27	Complainant Uncooperative
additional details
Complaint #200608158, March 2006
Allegation	Complainant	CCRB Conclusion
Abuse of Authority: Vehicle search	Black Male, 35	Exonerated
additional details
Complaint #200306355, August 2003
Allegation	Complainant	CCRB Conclusion
Force: Handcuffs too tight	Hispanic Male, 33	Exonerated
Abuse of Authority: Threat of arrest	Hispanic Male, 33	Exonerated
Discourtesy: Word	Hispanic Male, 33	Unsubstantiated
Abuse of Authority: Threat to damage/seize property	Hispanic Male, 33	Exonerated
Force: Physical force	Hispanic Male, 33	Exonerated
Abuse of Authority: Vehicle stop	Hispanic Male, 33	Exonerated
additional details
Complaint #200200192, December 2001
Allegation	Complainant	CCRB Conclusion
Force: Physical force	Hispanic Male, 31	Unfounded
Discourtesy: Word	Hispanic Male, 31	Unfounded
additional details
Complaint #200104811, June 2001
Allegation	Complainant	CCRB Conclusion
Discourtesy: Word	Hispanic Female, 27	Complaint Withdrawn
Abuse of Authority: Threat of force (verbal or physical)	Hispanic Female, 27	Complaint Withdrawn
Abuse of Authority: Property damaged	Hispanic Female, 27	Complaint Withdrawn
additional details
Complaint #200102604, March 2001
Allegation	Complainant	CCRB Conclusion
Force: Physical force	Hispanic Female, 20	Exonerated
Discourtesy: Word	Hispanic Female, 20	Unfounded
Discourtesy: Word	Hispanic Female, 20	Unfounded
Force: Hit against inanimate object	Hispanic Female, 20	Unfounded
additional details
Complaint #200101313, February 2001
Allegation	Complainant	CCRB Conclusion
Force: Physical force	Hispanic Male, 23	Complainant Uncooperative
additional details
Complaint #9804961, November 1998
Allegation		CCRB Conclusion
Force: Flashlight as club		Unfounded
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 5 known lawsuits, $115,000 total settlements.

Concepcion, Bernie vs City of New York, et al.
Case # 158305/2015, Supreme Court - New York, September 1, 2015, ended November 25, 2019
$40,000 Settlement

Badia, Eddie vs City of New York, et al.
Case # 304153/2015, Supreme Court - Bronx, February 5, 2015

Perez, Gary E. vs City of New York, et al.
Case # 150770/2014, Supreme Court - New York, February 6, 2014, ended December 13, 2016
$75,000 Settlement

Guzman v. The City of New York et al
Case # 10CV06353, U.S. District Court - Southern District NY
Settlement
Complaint, Stipulation 1

Bernabe v. The City of New York et al
Case # 13CV05531, U.S. District Court - Southern District NY
Settlement
Third Amended Complaint