Brett J. Malfetano

Badge #14275, White Male
Former Police Officer at 40th Precinct
Service started July 2018, ended January 2024, Tax #966183

Substantiated Allegations:
Abuse of Authority: Entry of Premises

Lawsuit settlements:
$7,000   Castillo, Jean Carlos, et Al vs City of New York, et Al.., 2022 BCSC BCSC 808608/2022E
View Details

Complaints

7 Complaints
20 Allegations
1 Substantiated
1 Substantiated (Command Discipline B)
13 Miscellaneous - Subject Resigned
3 Unfounded
3 Within NYPD Guidelines

Complaint #202303281, April 2023
Allegation: Abuse of Authority: Refusal to obtain medical treatment
Complainant: Black Male, 25-29
CCRB Conclusion: Unfounded
additional details

Complaint #202304721, February 2023
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Improper use of body-worn camera
Complainant: Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Other
Complainant: Male, 21-24
CCRB Conclusion: Miscellaneous - Subject Resigned
additional details

Complaint #202306493, February 2023
Allegation: Discourtesy: Word
Complainant: Black Male, 35-39
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 35-39
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 35-39
CCRB Conclusion: Miscellaneous - Subject Resigned
additional details

Complaint #202301228, February 2023
Allegation: Abuse of Authority: Other
Complainant: Male, 10-14
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Hispanic Male, 10-14
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Failure to Explain
Complainant: Hispanic Male, 10-14
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Frisk
Complainant: Hispanic Male, 10-14
CCRB Conclusion: Miscellaneous - Subject Resigned
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Male, 10-14
CCRB Conclusion: Miscellaneous - Subject Resigned
additional details

Complaint #202203603, June 2022
Allegation: Abuse of Authority: Entry of Premises
Complainant: Hispanic Female, 45-49
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Force: Physical force
Complainant: Hispanic Female, 45-49
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #202106547, October 2021
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #202106177, March 2021
Allegation: Force: Gun Pointed
Complainant: Hispanic Male, 30-34
CCRB Conclusion: Unfounded
Allegation: Force: Gun Pointed
Complainant: Hispanic Female, 30-34
CCRB Conclusion: Unfounded
additional details

Complaint #202303281, April 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to obtain medical treatment Black Male, 25-29 Unfounded
additional details
Complaint #202304721, February 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Black Male, 21-24 Miscellaneous - Subject Resigned
Abuse of Authority: Stop Black Male, 21-24 Miscellaneous - Subject Resigned
Abuse of Authority: Frisk Black Male, 21-24 Miscellaneous - Subject Resigned
Abuse of Authority: Improper use of body-worn camera Male, 21-24 Miscellaneous - Subject Resigned
Abuse of Authority: Other Male, 21-24 Miscellaneous - Subject Resigned
additional details
Complaint #202306493, February 2023
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 35-39 Miscellaneous - Subject Resigned
Abuse of Authority: Frisk Black Male, 35-39 Miscellaneous - Subject Resigned
Abuse of Authority: Vehicle search Black Male, 35-39 Miscellaneous - Subject Resigned
additional details
Complaint #202301228, February 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Other Male, 10-14 Miscellaneous - Subject Resigned
Abuse of Authority: Failure to provide RTKA card Hispanic Male, 10-14 Miscellaneous - Subject Resigned
Abuse of Authority: Failure to Explain Hispanic Male, 10-14 Miscellaneous - Subject Resigned
Abuse of Authority: Frisk Hispanic Male, 10-14 Miscellaneous - Subject Resigned
Abuse of Authority: Stop Hispanic Male, 10-14 Miscellaneous - Subject Resigned
additional details
Complaint #202203603, June 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Entry of Premises Hispanic Female, 45-49 Substantiated (Command Discipline B)
Force: Physical force Hispanic Female, 45-49 Within NYPD Guidelines
additional details
Complaint #202106547, October 2021
Allegation CCRB Conclusion
Abuse of Authority: Entry of Premises Within NYPD Guidelines
Abuse of Authority: Entry of Premises Within NYPD Guidelines
additional details
Complaint #202106177, March 2021
Allegation Complainant CCRB Conclusion
Force: Gun Pointed Hispanic Male, 30-34 Unfounded
Force: Gun Pointed Hispanic Female, 30-34 Unfounded
additional details

Conclusion Meanings:

'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.
'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.


Lawsuits

Named in 2 known lawsuits, $7,000 total settlements.

Sanchez-Lopez, Carlos et Al, vs City of New York, et al.
Case # 814790/2023E, Supreme Court - Bronx, September 27, 2023

Castillo, Jean Carlos, et Al vs City of New York, et Al..
Case # 808608/2022E, Supreme Court - Bronx, August 30, 2022, ended August 31, 2023
$7,000 Settlement
Complaint
Description: On March 24, 2021, Plaintiffs were in their apartment located in Bronx, celebrating their son's birthday when the Defendants police officers DARWIN DUME and BRETT MALFETANO banged violently and repeatedly upon the door. Plaintiffs opened the door and observed Defendants with their taser and gun already drawn without adequate cause and in contravention with NYPD's policy. At no point did Plaintiffs threaten the officers or anyone else, were not armed, were not resisting arrest or attempting to flee. Plaintiffs did not resist the arrest, but the force used by Defendants caused Plaintiffs personal, physical, and emotional injuries. In addition, the pointed guns caused great emotional troubles.