Matthew Zito

Badge #4038, White Male, 39
Detective Grade 3 at 23rd Precinct Detective Squad since February 2015, active
Service started January 2005, made $161,000 last year, Tax #937792

Substantiated Allegations:
Abuse of Authority: Frisk (2)
Abuse of Authority: Vehicle search (2)
Abuse of Authority: Vehicle stop (2)

Discipline Cases:

Case: 2015-14877
Closed: 8/4/2016
Case: 2014-11645
Closed: 8/7/2014
Case: 2010-3263
Closed: 4/20/2011

View Details

Lawsuit settlements:
$22,500   Gibbs, Scott vs City of New York, et al., 2014 EDNY EDNY 13CV07314
$100,000   Gilmore, Ron Dante vs City of New York, et al., 2014 EDNY EDNY 14CV00252
$52,000   Rosario, Minerva, et al. vs City of New York, et al., 2013 EDNY EDNY 13CV06785
$22,500   Palmer, Quamaine vs Zito, Matthew, et al., 2013 EDNY EDNY 13CV06722
$40,000   Thompson, Carl vs City of New York, et al., 2013 EDNY EDNY 13CV05184
$12,500   Torres, George vs City of New York, et al., 2013 EDNY EDNY 13CV01640
View Details

Complaints

13 Complaints
35 Allegations
6 Substantiated
6 Substantiated (Charges)
1 Alleged Victim Unavailable
3 Alleged Victim Uncooperative
2 Closed - Pending Litigation
10 Complainant Uncooperative
5 Exonerated
1 Unable to Determine
2 Unfounded
4 Unsubstantiated
1 Within NYPD Guidelines

Complaint #202202401, April 2022
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Female, 40-44
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Female, 40-44
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #202000832, January 2020
Allegation: Abuse of Authority: Search of recording device
Complainant: Female
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Seizure of property
Complainant: Female
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Threat of arrest
Complainant: Female, 26
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Question
Complainant: Female
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Question
Complainant: Black Male, 26
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 26
CCRB Conclusion: Complainant Uncooperative
Documents: Complaint Closing Report
additional details

Complaint #201809425, November 2018
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Hispanic Female, 47
CCRB Conclusion: Closed - Pending Litigation
Allegation: Abuse of Authority: Refusal to provide name
Complainant: Hispanic Female, 47
CCRB Conclusion: Closed - Pending Litigation
Documents: Complaint Closing Report
additional details

Complaint #201214142, August 2012
Allegation: Force: Pepper spray
Complainant: Black Male, 27
CCRB Conclusion: Alleged Victim Unavailable
Allegation: Force: Pepper spray
Complainant: Black Male, 27
CCRB Conclusion: Exonerated
Documents: Complaint Closing Report
additional details

Complaint #201015739, November 2010
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 38
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Hispanic Male, 38
CCRB Conclusion: Exonerated
Documents: Complaint Closing Report
additional details

Complaint #201013036, September 2010
Allegation: Abuse of Authority: Vehicle stop
Complainant: Hispanic Male, 47
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: Not Guilty - DCT
Allegation: Abuse of Authority: Vehicle search
Complainant: Hispanic Male, 47
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: Charges and Specifications - Guilty
Allegation: Abuse of Authority: Search (of person)
Complainant: Hispanic Male, 47
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Frisk
Complainant: Hispanic Male, 47
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: Charges and Specifications - Guilty
Penalty: Vacation: 10 days
Documents: Complaint Closing Report
additional details

Complaint #201011291, August 2010
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201001754, February 2010
Allegation: Abuse of Authority: Vehicle search
Complainant: Male, 42
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Vehicle stop
Complainant: Male, 42
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Frisk
Complainant: Male, 14
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: Charges and Specifications - Guilty
Penalty: Vacation: 10 days
Documents: Complaint Closing Report
additional details

Complaint #200919168, December 2009
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #200803489, March 2008
Allegation: Force: Gun Pointed
Complainant: Hispanic Male
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Force: Physical force
Complainant: Hispanic Female, 24
CCRB Conclusion: Complainant Uncooperative
Allegation: Discourtesy: Word
Complainant: Hispanic Female, 24
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Vehicle stop
Complainant: Male, 24
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Abuse of Authority: Search (of person)
Complainant: Hispanic Female, 24
CCRB Conclusion: Complainant Uncooperative
Documents: Complaint Closing Report
additional details

Complaint #200715073, October 2007
Allegation: Force: Physical force
Complainant: Black Female, 41
CCRB Conclusion: Alleged Victim Uncooperative
Documents: Complaint Closing Report
additional details

Complaint #200713792, September 2007
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 28
CCRB Conclusion: Complainant Uncooperative
Documents: Complaint Closing Report
additional details

Complaint #200610012, July 2006
Allegation: Abuse of Authority: Retaliatory summons
Complainant: Black Female, 51
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Female, 51
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Female, 51
CCRB Conclusion: Unfounded
Documents: Complaint Closing Report
additional details

Complaint #202202401, April 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Black Female, 40-44 Unable to Determine
Abuse of Authority: Threat of arrest Black Female, 40-44 Within NYPD Guidelines
additional details
Complaint #202000832, January 2020
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search of recording device Female Complainant Uncooperative
Abuse of Authority: Seizure of property Female Complainant Uncooperative
Abuse of Authority: Threat of arrest Female, 26 Complainant Uncooperative
Abuse of Authority: Question Female Complainant Uncooperative
Abuse of Authority: Question Black Male, 26 Complainant Uncooperative
Abuse of Authority: Threat of arrest Black Male, 26 Complainant Uncooperative
Documents: Complaint Closing Report
additional details
Complaint #201809425, November 2018
Allegation Complainant CCRB Conclusion
Abuse of Authority: Failure to provide RTKA card Hispanic Female, 47 Closed - Pending Litigation
Abuse of Authority: Refusal to provide name Hispanic Female, 47 Closed - Pending Litigation
Documents: Complaint Closing Report
additional details
Complaint #201214142, August 2012
Allegation Complainant CCRB Conclusion
Force: Pepper spray Black Male, 27 Alleged Victim Unavailable
Force: Pepper spray Black Male, 27 Exonerated
Documents: Complaint Closing Report
additional details
Complaint #201015739, November 2010
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Male, 38 Unsubstantiated
Force: Physical force Hispanic Male, 38 Exonerated
Documents: Complaint Closing Report
additional details
Complaint #201013036, September 2010
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop Hispanic Male, 47 Substantiated (Charges)
NYPD Conclusion: Not Guilty - DCT
Abuse of Authority: Vehicle search Hispanic Male, 47 Substantiated (Charges)
NYPD Conclusion: Charges and Specifications - Guilty
Abuse of Authority: Search (of person) Hispanic Male, 47 Unsubstantiated
Abuse of Authority: Gun Drawn Exonerated
Abuse of Authority: Frisk Hispanic Male, 47 Substantiated (Charges)
NYPD Conclusion: Charges and Specifications - Guilty
Penalty: Vacation: 10 days
Documents: Complaint Closing Report
additional details
Complaint #201011291, August 2010
Allegation CCRB Conclusion
Force: Gun Pointed Exonerated
Discourtesy: Word Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201001754, February 2010
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Male, 42 Substantiated (Charges)
Abuse of Authority: Vehicle stop Male, 42 Substantiated (Charges)
Abuse of Authority: Frisk Male, 14 Substantiated (Charges)
NYPD Conclusion: Charges and Specifications - Guilty
Penalty: Vacation: 10 days
Documents: Complaint Closing Report
additional details
Complaint #200919168, December 2009
Allegation CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #200803489, March 2008
Allegation Complainant CCRB Conclusion
Force: Gun Pointed Hispanic Male Alleged Victim Uncooperative
Force: Physical force Hispanic Female, 24 Complainant Uncooperative
Discourtesy: Word Hispanic Female, 24 Complainant Uncooperative
Abuse of Authority: Vehicle stop Male, 24 Alleged Victim Uncooperative
Abuse of Authority: Search (of person) Hispanic Female, 24 Complainant Uncooperative
Documents: Complaint Closing Report
additional details
Complaint #200715073, October 2007
Allegation Complainant CCRB Conclusion
Force: Physical force Black Female, 41 Alleged Victim Uncooperative
Documents: Complaint Closing Report
additional details
Complaint #200713792, September 2007
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 28 Complainant Uncooperative
Documents: Complaint Closing Report
additional details
Complaint #200610012, July 2006
Allegation Complainant CCRB Conclusion
Abuse of Authority: Retaliatory summons Black Female, 51 Exonerated
Abuse of Authority: Search (of person) Black Female, 51 Unfounded
Abuse of Authority: Refusal to provide name/shield number Black Female, 51 Unfounded
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.
'Unable to Determine': CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.
'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: 2015-14877
Opened: 5/30/2014
Closed: 8/4/2016
Case Details:
  1. Guilty: While off-duty, operated a motor vehicle while under the influence of an intoxicant.
  2. Guilty: While off-duty, did consume an intoxicant to the extent that said Police Officer was unfit for duty.
  3. Guilty: While off-duty, refused to submit to a chemical breath test.
  4. Guilty: While off-duty, failed to notify the operations unit upon his release from custody that he had been arrested.
Penalty: Counseling, dismissal probation (12 months), ordered breath testing, pre-trial suspension days (30 days), suspended w/o pay (15 days), vacation days (15 days)

Case: 2014-11645
Opened: 5/30/2014
Closed: 8/7/2014
Case Details:
  1. Guilty: While on-duty, wrongfully failed to follow prisoner transport procedures and to properly safeguard the prisoner, resulting in the escape of said prisoner.
  2. Guilty: While on-duty, wrongfully misrepresented to his Supervisor, that he was not qualfied to operate a prisoner van when, in fact, he was so qualified.
Penalty: Vacation days (15 days)

Case: 2010-3263
Opened: 5/30/2014
Closed: 4/20/2011
Case Details:
  1. Pleaded Guilty: Failed to make activity log entry
  2. Pleaded Guilty: Failed to prepare a uf-250 stop and frisk report.
  3. Guilty: Improperly searched a vehicle occupied by peron known to Department
  4. Guilty: Improperly frisked person known to Department
Penalty: Vacation days (10 days)


Lawsuits

Named in 6 known lawsuits, $249,500 total settlements.

Gibbs, Scott vs City of New York, et al.
Case # 13CV07314, U.S. District Court - Eastern District NY, June 27, 2014, ended April 8, 2016
$22,500 Settlement
Complaint, Amended Complaint
Description: On March 2, 2013 P.O.s Jonas Bazile, Stephen Espinoza, and Matthew Zito illegally trespassed, searched, invaded 1313 Sterling Place Brooklyn, where Scott Gibbs was staying. They illegally detained him here during this illegal search and used excessive force on Gibbs that caused him to sustain severe injuries and fear for his life.

Gilmore, Ron Dante vs City of New York, et al.
Case # 14CV00252, U.S. District Court - Eastern District NY, June 24, 2014, ended May 27, 2016
$100,000 Settlement
Complaint
Description: On January 13, 2013, plaintiff was arrested in his residence in Brooklyn after officers illegally entered. Defendants violated plaintiff's domicile and intentionally inflicted emotional distress unto him.

Rosario, Minerva, et al. vs City of New York, et al.
Case # 13CV06785, U.S. District Court - Eastern District NY, December 5, 2013, ended November 13, 2014
$52,000 Settlement
Complaint

Palmer, Quamaine vs Zito, Matthew, et al.
Case # 13CV06722, U.S. District Court - Eastern District NY, December 4, 2013, ended May 15, 2014
$22,500 Settlement
Complaint
Description: On January 13, 2011, Plaintiff Quamaine Palmer was lawfully present inside his apartment when Defendant officers arrested plaintiff without probable cause or reasonable suspicion to believe he had committed any crime or offense, handcuffed him and made him stand outside in the freezing cold as they unlawfully searched the apartment. No contraband was recovered from plaintiff or his residence. Plaintiff was eventually taken to the 81st Precinct. At the precinct the officers falsely informed employees of the Kings County District Attorney’s Office that they had observed Mr. Palmer involved in criminal activity, including an arrest report. At no point did the officers observe plaintiff commit a crime. Plaintiff w...

Thompson, Carl vs City of New York, et al.
Case # 13CV05184, U.S. District Court - Eastern District NY, October 9, 2013, ended August 1, 2014
$40,000 Settlement
Complaint
Description: On July 24, 2012, at approximately 8:00 p.m., plaintiff Carl Thompson was in his car in front of a McDonalds in Brooklyn, NY, when his friend, plaintiff John Rodriguez, pulled into a parking space. They saw each other and started talking in plaintiff Thompson's car. The defendant NYPD officers, including Detectives Matthew Zito and Andrew Erato, knocked on the window of the car with their guns, and subsequently yanked plaintiff Thompson from the car. The officers then searched the car in a way that caused damage to the car. Plaintiff Thompson had a prescription for methadone, but when the officers discovered it, they ignored his explanation, and arrested both plaintiffs. They were falsely charged with pos...

Torres, George vs City of New York, et al.
Case # 13CV01640, U.S. District Court - Eastern District NY, April 3, 2013, ended November 16, 2013
$12,500 Settlement
Complaint
Description: On March 15, 2012, Plaintiff stopped his car at a red light near an intersection. As Plaintiff waited for the traffic light to turn green, a grey van pulled in front of Plaintiff’s car. Two plainclothes police officers exited the grey van with their guns drawn. Plaintiff complied with orders to turn off and get out of his car. After receiving Plaintiff's identification, Defendants Detective Matthew Zito and Police Officer John Doe searched Plaintiff and found no contraband. Plaintiff was handcuffed. Diet pills prescribed to Plaintiff and inside a bottle with Plaintiff’s name on it were recovered from Plaintiff’s vehicle. Defendants Zito and Doe arrested Plaintiff and took Plaintiff to the 83rd precinct, where P...

Other Documents