Daniel N. Berardi

Badge #729, White Male
Sergeant Special Assignment at 75th Precinct since November 2018, active
Also served at 73rd Precinct
Service started July 2010, made $174,000 last year, Tax #948658

Substantiated Allegations:
Abuse of Authority: Failure to provide RTKA card (4)
Abuse of Authority: Other
Abuse of Authority: Stop

Discipline Cases:

Case: 2022-25464
Closed: 5/3/2023
Case: 2022-27017
Closed: 4/7/2023
Case: 2022-25673
Closed: 9/13/2022

View Details

Lawsuit settlements:
$25,000   Wilson, Belinda, et al. vs P.O. Kalish, Micheal, et al., 2018 EDNY EDNY 18CV05219
$12,500   Mcfadden, Sean vs City of New York, et al., 2014 EDNY EDNY 14CV06940
$35,000   Pruitt, Ronald vs City of New York, et al., 2014 SDNY SDNY 14CV00412
$55,000   Callahan, Rayquan vs City of New York, et al., 2013 EDNY EDNY 13CV03607
$63,500   Banks, Tahlib, et al. vs City of New York, et al., 2013 EDNY EDNY 13CV01520
$35,000   Pruitt v. The City of New York et al, SDNY SDNY 14CV03969
View Details

Complaints

11 Complaints
29 Allegations
6 Substantiated
1 Substantiated (Command Discipline B)
5 Substantiated (Command Discipline A)
1 Alleged Victim Uncooperative
7 Exonerated
10 Unfounded
4 Unsubstantiated
1 Within NYPD Guidelines

Complaint #202202153, March 2022
Allegation: Abuse of Authority: Search (of person)
Complainant: Age 30-34
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #202100330, January 2021
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 21-24
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Black Male, 21-24
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Other
Complainant: Black Male, 21-24
CCRB Conclusion: Substantiated (Command Discipline B)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details

Complaint #202006932, September 2020
Allegation: Abuse of Authority: Search (of person)
Complainant: Hispanic Female, 30-34
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Hispanic Female, 21-24
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Hispanic Female, 30-34
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Female, 30-34
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Female, 21-24
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Hispanic Male, 30-34
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Male, 30-34
CCRB Conclusion: Exonerated
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
Documents: Complaint Closing Report
additional details

Complaint #202004567, June 2020
Allegation: Force: Physical force
Complainant: Black Male, 40-44
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Refusal to provide name
Complainant: Black Male, 40-44
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Refusal to provide shield number
Complainant: Black Male, 40-44
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Black Male, 40-44
CCRB Conclusion: Unfounded
additional details

Complaint #202003119, May 2020
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
additional details

Complaint #202002901, April 2020
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 30-34
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide name
Complainant: Black Male, 30-34
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Refusal to provide shield number
Complainant: Black Male, 30-34
CCRB Conclusion: Unfounded
additional details

Complaint #201705002, June 2017
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 24
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Question
Complainant: Black Male, 24
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Question
Complainant: Male, 21
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Question
CCRB Conclusion: Unfounded
Documents: Complaint Closing Report
additional details

Complaint #201503579, April 2015
Allegation: Force: Physical force
Complainant: Black Male, 29
CCRB Conclusion: Alleged Victim Uncooperative
additional details

Complaint #201402264, March 2014
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Male, 38
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 38
CCRB Conclusion: Exonerated
Documents: Complaint Closing Report
additional details

Complaint #201308240, August 2013
Allegation: Force: Physical force
Complainant: Black Male, 24
CCRB Conclusion: Exonerated
Allegation: Force: Chokehold
Complainant: Black Male, 24
CCRB Conclusion: Unfounded
additional details

Complaint #201304457, May 2013
Allegation: Discourtesy: Word
Complainant: Black Male, 15
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #202202153, March 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Age 30-34 Within NYPD Guidelines
additional details
Complaint #202100330, January 2021
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 21-24 Substantiated (Command Discipline A)
Abuse of Authority: Failure to provide RTKA card Black Male, 21-24 Substantiated (Command Discipline A)
Abuse of Authority: Other Black Male, 21-24 Substantiated (Command Discipline B)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details
Complaint #202006932, September 2020
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Hispanic Female, 30-34 Exonerated
Abuse of Authority: Failure to provide RTKA card Hispanic Female, 21-24 Substantiated (Command Discipline A)
Abuse of Authority: Failure to provide RTKA card Hispanic Female, 30-34 Substantiated (Command Discipline A)
Abuse of Authority: Stop Hispanic Female, 30-34 Exonerated
Abuse of Authority: Stop Hispanic Female, 21-24 Exonerated
Abuse of Authority: Failure to provide RTKA card Hispanic Male, 30-34 Substantiated (Command Discipline A)
Abuse of Authority: Stop Hispanic Male, 30-34 Exonerated
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
Documents: Complaint Closing Report
additional details
Complaint #202004567, June 2020
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 40-44 Exonerated
Abuse of Authority: Refusal to provide name Black Male, 40-44 Unfounded
Abuse of Authority: Refusal to provide shield number Black Male, 40-44 Unfounded
Abuse of Authority: Failure to provide RTKA card Black Male, 40-44 Unfounded
additional details
Complaint #202003119, May 2020
Allegation CCRB Conclusion
Discourtesy: Word Unsubstantiated
additional details
Complaint #202002901, April 2020
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 30-34 Unsubstantiated
Abuse of Authority: Refusal to provide name Black Male, 30-34 Unfounded
Abuse of Authority: Refusal to provide shield number Black Male, 30-34 Unfounded
additional details
Complaint #201705002, June 2017
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Black Male, 24 Unfounded
Abuse of Authority: Question Black Male, 24 Unfounded
Abuse of Authority: Question Male, 21 Unfounded
Abuse of Authority: Question Unfounded
Documents: Complaint Closing Report
additional details
Complaint #201503579, April 2015
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 29 Alleged Victim Uncooperative
additional details
Complaint #201402264, March 2014
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name/shield number Black Male, 38 Unsubstantiated
Force: Physical force Black Male, 38 Exonerated
Documents: Complaint Closing Report
additional details
Complaint #201308240, August 2013
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 24 Exonerated
Force: Chokehold Black Male, 24 Unfounded
additional details
Complaint #201304457, May 2013
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 15 Unsubstantiated
Documents: Complaint Closing Report
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.
'Within NYPD Guidelines': The alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusion definitions.


Discipline

Case: 2022-25464
Closed: 5/3/2023
Case Details:
  1. Failed to activate their body worn camera.
  2. Failed to make required entries in Department logs.
Recommendation: Other

Case: 2022-27017
Closed: 4/7/2023
Case Details:
  1. Failed to activate their body worn camera.
Recommendation: Other

Case: 2022-25673
Closed: 9/13/2022
Case Details:
  1. Violated patrol rules.
Recommendation: Command Discipline - B


Lawsuits

Named in 7 known lawsuits, $226,000 total settlements.

Wilson, Belinda, et al. vs P.O. Kalish, Micheal, et al.
Case # 18CV05219, U.S. District Court - Eastern District NY, October 5, 2018, ended April 25, 2023
$25,000 Settlement

Brice, Yves vs City of New York, et al.
Case # 006880/2015, Supreme Court - Kings, July 22, 2015, ended May 6, 2020
Administrative Closing

Mcfadden, Sean vs City of New York, et al.
Case # 14CV06940, U.S. District Court - Eastern District NY, December 5, 2014, ended September 22, 2015
$12,500 Settlement
Complaint, First Amended Complaint
Description: Defendant Officers approached Plaintiff after he pulled into his driveway and got out of his car, asked for his ID, became irate and assaulted Plaintiff. Plaintiff was taken to the 73rd Precinct and given a DAT, which was dismissed at arraignments.

Pruitt, Ronald vs City of New York, et al.
Case # 14CV00412, U.S. District Court - Southern District NY, March 31, 2014, ended December 22, 2014
$35,000 Settlement
Complaint
Description: On June 14, 2012 at approximately 1:00 a.m., the Plaintiff arrived at 451 Bristol Street in Brooklyn, New York and rang the doorbell. While he was waiting, four police officers surrounded him and then assaulted and battered him. The officers falsely arrested him and the Plaintiff did not resist or attempt to flee.

Callahan, Rayquan vs City of New York, et al.
Case # 13CV03607, U.S. District Court - Eastern District NY, June 26, 2013, ended January 22, 2014
$55,000 Settlement
Complaint, First Amended Complaint, Stipulation
Description: Plaintiff was returning from a party in Bedford Stuyvesant section of Brooklyn by subway with two friends. Shortly after exiting the rockaway avenue station of the C train, plaintiff and his friends happened to come across an acquaintance, Jevonte. Suddenly plaintiff and his friends and jevonte were stopped, questioned and frisked by several plainclothes officers from an unmarked car, including defendants Berardi, Franzel, and Sambolin. Plaintiff and two friends were not found to be in possession of contraband of any kind. Berardi noticed juvenile Jevonte holding midsection of his jacket as if he was secreting an object. Jevonte chose to run and was chased by Berardi. Plaintiff and his friends left the scene wh...

Banks, Tahlib, et al. vs City of New York, et al.
Case # 13CV01520, U.S. District Court - Eastern District NY, April 3, 2013, ended January 28, 2014
$63,500 Settlement
Complaint, Stipulation
Description: Defendant Officers stopped plaintiffs on the street, arrested them, and took them to the 73rd Precinct. 5 of the Plaintiffs were held for 24 hours until they were released without charge. 2 of the Plaintiffs were held at Central Booking, then transferred to Riker's Island, strip searched, and then later released without charges.

Pruitt v. The City of New York et al
Case # 14CV03969, U.S. District Court - Southern District NY
$35,000 Settlement
Amended Complaint, Stipulation
Description: Plaintiff was falsely arrested as a suspect in a robbery although the witness was unsure of her identification that Plaintiff was the suspect. Case against Plaintiff was eventually dismissed for insufficient evidence.

Other Documents