Michele A. Herbst

Michele A. Herbst

Michele A. Herbst
Badge #16694, White Female
Former Police Officer at 83rd Precinct
Service started July 2002, ended December 2022, Tax #930338

Substantiated Allegations:
Abuse of Authority: Other
Abuse of Authority: Question and/or stop
Abuse of Authority: Threat of arrest
Discourtesy: Word


Lawsuit settlements:
$18,750   Cotto, Luis vs City of New York, et al., 2014 EDNY EDNY 14CV04580
$20,000   Jones, Troy vs City of New York, et al., 2014 EDNY EDNY 14CV02094
$17,000   Davis v. The City of New York et al, EDNY EDNY 13CV02168
$45,000   Meredith v. The City of New York et al, EDNY EDNY 09CV01220
View Details

Complaints

13 Complaints
28 Allegations
4 Substantiated
4 Substantiated (Charges)
3 Alleged Victim Uncooperative
2 Closed - Pending Litigation
1 Complainant Unavailable
7 Complainant Uncooperative
3 Complaint Withdrawn
2 Exonerated
1 Unfounded
5 Unsubstantiated

Complaint #201904061, May 2019
Allegation: Abuse of Authority: Strip-searched
Complainant: American Indian Male, 41
CCRB Conclusion: Closed - Pending Litigation
Allegation: Abuse of Authority: Frisk
Complainant: American Indian Male, 41
CCRB Conclusion: Closed - Pending Litigation
additional details

Complaint #201600398, January 2016
Allegation: Abuse of Authority: Threat to damage/seize property
Complainant: Hispanic Female, 10
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
additional details

Complaint #201201695, December 2011
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Unfounded
additional details

Complaint #201115891, December 2011
Allegation: Abuse of Authority: Strip-searched
Complainant: Female, 33
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Search (of person)
Complainant: Female, 33
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: Female, 33
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201106793, May 2011
Allegation: Discourtesy: Word
Complainant: Black Male, 36
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 36
CCRB Conclusion: Exonerated
additional details

Complaint #201000689, January 2010
Allegation: Discourtesy: Action
Complainant: Black Male, 26
CCRB Conclusion: Complaint Withdrawn
additional details

Complaint #200805817, April 2008
Allegation: Force: Physical force
Complainant: Male
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #200804481, March 2008
Allegation: Abuse of Authority: Frisk
Complainant: Female
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Search (of person)
Complainant: Female
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Strip-searched
Complainant: Female
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Threat of arrest
Complainant: Female
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Stop
Complainant: Female
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200614201, September 2006
Allegation: Abuse of Authority: Question and/or stop
Complainant: Hispanic Male, 19
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Abuse of Authority: Threat of arrest
Complainant: Hispanic Male, 19
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 19
CCRB Conclusion: Alleged Victim Uncooperative
additional details

Complaint #200600640, January 2006
Allegation: Force: Physical force
Complainant: Male
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200511982, October 2005
Allegation: Discourtesy: Word
Complainant: Hispanic Female, 18
CCRB Conclusion: Complaint Withdrawn
Allegation: Force: Physical force
Complainant: Hispanic Female, 18
CCRB Conclusion: Complaint Withdrawn
additional details

Complaint #200502708, March 2005
Allegation: Discourtesy: Word
Complainant: Black Female, 17
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200407799, July 2004
Allegation: Discourtesy: Word
Complainant: Black Male, 29
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Question and/or stop
Complainant: Black Male, 29
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 29
CCRB Conclusion: Substantiated (Charges)
Penalty: Command Discipline - A
additional details

Complaint #201904061, May 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched American Indian Male, 41 Closed - Pending Litigation
Abuse of Authority: Frisk American Indian Male, 41 Closed - Pending Litigation
additional details
Complaint #201600398, January 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat to damage/seize property Hispanic Female, 10 Unsubstantiated
Abuse of Authority: Premises entered and/or searched Exonerated
additional details
Complaint #201201695, December 2011
Allegation CCRB Conclusion
Abuse of Authority: Gun Drawn Unfounded
additional details
Complaint #201115891, December 2011
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Female, 33 Unsubstantiated
Abuse of Authority: Search (of person) Female, 33 Unsubstantiated
Abuse of Authority: Frisk Female, 33 Unsubstantiated
additional details
Complaint #201106793, May 2011
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 36 Unsubstantiated
Force: Physical force Black Male, 36 Exonerated
additional details
Complaint #201000689, January 2010
Allegation Complainant CCRB Conclusion
Discourtesy: Action Black Male, 26 Complaint Withdrawn
additional details
Complaint #200805817, April 2008
Allegation Complainant CCRB Conclusion
Force: Physical force Male Complainant Unavailable
additional details
Complaint #200804481, March 2008
Allegation Complainant CCRB Conclusion
Abuse of Authority: Frisk Female Complainant Uncooperative
Abuse of Authority: Search (of person) Female Complainant Uncooperative
Abuse of Authority: Strip-searched Female Complainant Uncooperative
Abuse of Authority: Threat of arrest Female Complainant Uncooperative
Abuse of Authority: Stop Female Complainant Uncooperative
additional details
Complaint #200614201, September 2006
Allegation Complainant CCRB Conclusion
Abuse of Authority: Question and/or stop Hispanic Male, 19 Alleged Victim Uncooperative
Abuse of Authority: Threat of arrest Hispanic Male, 19 Alleged Victim Uncooperative
Discourtesy: Word Hispanic Male, 19 Alleged Victim Uncooperative
additional details
Complaint #200600640, January 2006
Allegation Complainant CCRB Conclusion
Force: Physical force Male Complainant Uncooperative
additional details
Complaint #200511982, October 2005
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Female, 18 Complaint Withdrawn
Force: Physical force Hispanic Female, 18 Complaint Withdrawn
additional details
Complaint #200502708, March 2005
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Female, 17 Complainant Uncooperative
additional details
Complaint #200407799, July 2004
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 29 Substantiated (Charges)
Abuse of Authority: Other Substantiated (Charges)
Abuse of Authority: Question and/or stop Black Male, 29 Substantiated (Charges)
Abuse of Authority: Threat of arrest Black Male, 29 Substantiated (Charges)
Penalty: Command Discipline - A
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.


Discipline

Case: 84329/08
Opened: 7/17/2008
Closed: 12/20/2011
Case Details:
  1. Guilty: Failed to render necessary police assistance at the scene of a dispute
  2. Not Guilty: While at the scene of a dispute, wrongfully reported a job to central radio dispatcher
  3. Not Guilty: Wrongfully pushed or struck an individual known to the Department
Penalty: Forfeiture of fifteen (15) vacation days


Lawsuits

Named in 4 known lawsuits, $100,750 total settlements.

Cotto, Luis vs City of New York, et al.
Case # 14CV04580, U.S. District Court - Eastern District NY, December 2, 2014, ended July 27, 2015
$18,750 Settlement
Complaint
Description: On August 2, 2011, Plaintiff was standing on a Brooklyn street when Defendant police officers detained, searched, and arrested him without reasonable suspicion. Plaintiff was transferred to the precinct, where he was subjected to an anal cavity search. On August 3, 2011, Plaintiff was arraigned and charged with Criminal Possession of a Controlled Substance in the Seventh Degree. The charge was dismissed on October 13, 2011.

Jones, Troy vs City of New York, et al.
Case # 14CV02094, U.S. District Court - Eastern District NY, April 7, 2014, ended May 14, 2015
$20,000 Settlement
Complaint
Description: On or about December 28, 2011, Plaintiff left his residence with the intention of paying a visit to a neighbor. The two had spoken earlier that day and it was understood that Plaintiff would stop by that afternoon. Plaintiff walked around the corner to his neighbor’s building and rang the buzzer three times. When no one answered he left. P.O. Kelvin Perez was observing the building when he saw Plaintiff walking away. P.O. Perez ordered the stop of Plaintiff. Plaintiff was then accosted by P.O. Derek Almeida, P.O. Michele Herbst, and Sergeant Nicholas Vandyke, who emerged from an unmarked police vehicle. Plaintiff immediately stopped moving. P.O. Almeida frisked plaintiff, and then stuck his hands into the pocke...

Davis v. The City of New York et al
Case # 13CV02168, U.S. District Court - Eastern District NY
$17,000 Settlement
Complaint

Meredith v. The City of New York et al
Case # 09CV01220, U.S. District Court - Eastern District NY
$45,000 Settlement
Amended Complaint, Stipulation

Other Documents

Brooklyn DA Disclosure Letter references additional CCRB complaint #201108862 and additional lawsuit 11CV3023
NYPD Trial Decision 12/20/2011