Michael W. Smyth

Badge #420, White Male
Former Detective Grade 3 at Organized Crime Investigation Division
Also served in: Narcotics Borough Bronx, Patrol Borough Bronx AC
Service started September 2000, ended June 2022


Discipline Cases:

Case: 2010-2027
Closed: 8/4/2010

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Lawsuit settlements:
$25,000   Taylor, Derrick vs City of New York, et al., 2016 BCSC BCSC 303658/2016
$35,000   Freeman, Joshua vs City of New York, et al., 2016 BCSC BCSC 025316/2016E
$40,000   Baez, Richard vs City of New York, et al., 2016 BCSC BCSC 302017/2016
$15,000   Perez, Ruben vs City of New York, et al., 2016 BCSC BCSC 301916/2016
$62,500   Garcia, Kenneth vs City of New York, et al., 2015 SDNY SDNY 15CV07470
$40,000   Capellan, Dahiana vs Smyth, Michael, et al., 2015 SDNY SDNY 15CV09815
$25,000   Castillo, Joandy vs City of New York, et al., 2015 BCSC BCSC 304134/2015
$30,000   Garcia, Adamirka vs City of New York, et al., 2014 SDNY SDNY 14CV07581
$20,000   Sanchez, Alfredo vs City of New York, et al., 2014 BCSC BCSC 303983/2014
$22,500   Madera, Bryan vs City of New York, et al., 2014 BCSC BCSC 301701/2014
$95,000   Rodriguez, Antonio and Rodriguez, Olga vs City of New York, et al., 2014 SDNY SDNY 14CV03273
$20,000   Torres, Hiram vs Det. Barry, James, et al., 2014 SDNY SDNY 14CV02876
$80,000   Bell, Princess, et al. vs City of New York, et al., 2014 BCSC BCSC 300502/2014
$50,000   Bates, Garnell vs City of New York, et al., 2013 BCSC BCSC 306983/2013
$22,500   Gonzalez, Marcos vs City of New York, et al., 2013 BCSC BCSC 023449/2013E
$7,500   Gonzalez, Antonia, et al. vs City of New York, et al., 2013 SDNY SDNY 13CV00876
$10,000   G.B. By Mng Guillen, Marcia and Guillen, Brittany vs City of New York, et al., 2013 SDNY SDNY 13CV00616
$15,000   Andrades v. City of New York et al., 2012 SDNY SDNY 12CV03880
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Complaints

13 Allegations
0 Substantiated
7 Complaints
6 Complainant Uncooperative
3 Exonerated
3 Unfounded
1 Unsubstantiated

October 2012 Complaint
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Complainant Uncooperative
additional details

September 2008 Complaint
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 35
CCRB Conclusion: Complainant Uncooperative
Allegation: Discourtesy: Word
Complainant: Black Male, 35
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 35
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 35
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 35
CCRB Conclusion: Complainant Uncooperative
additional details

August 2004 Complaint
Allegation: Force: Physical force
Complainant: Black Male, 16
CCRB Conclusion: Exonerated
Allegation: Force: Radio as club
Complainant: Black Male, 16
CCRB Conclusion: Unfounded
additional details

April 2004 Complaint
Allegation: Force: Physical force
Complainant: Hispanic Male, 40
CCRB Conclusion: Exonerated
additional details

August 2003 Complaint
Allegation: Force: Physical force
Complainant: Black Male, 30
CCRB Conclusion: Unsubstantiated
Allegation: Force: Chokehold
Complainant: Black Male, 30
CCRB Conclusion: Unfounded
additional details

January 2003 Complaint
Allegation: Discourtesy: Action
Complainant: Female, 37
CCRB Conclusion: Unfounded
additional details

June 2001 Complaint
Allegation: Abuse of Authority: Premises entered and/or searched
Complainant: Black Male, 36
CCRB Conclusion: Exonerated
additional details

October 2012 Complaint
Allegation CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Complainant Uncooperative
additional details
September 2008 Complaint
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Black Male, 35 Complainant Uncooperative
Discourtesy: Word Black Male, 35 Complainant Uncooperative
Abuse of Authority: Stop Black Male, 35 Complainant Uncooperative
Abuse of Authority: Search (of person) Black Male, 35 Complainant Uncooperative
Abuse of Authority: Frisk Black Male, 35 Complainant Uncooperative
additional details
August 2004 Complaint
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 16 Exonerated
Force: Radio as club Black Male, 16 Unfounded
additional details
April 2004 Complaint
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 40 Exonerated
additional details
August 2003 Complaint
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 30 Unsubstantiated
Force: Chokehold Black Male, 30 Unfounded
additional details
January 2003 Complaint
Allegation Complainant CCRB Conclusion
Discourtesy: Action Female, 37 Unfounded
additional details
June 2001 Complaint
Allegation Complainant CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Black Male, 36 Exonerated
additional details

Conclusion Meanings:

'Exonerated': Also referred to as 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Unsubstantiated': 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: 2010-2027
Closed: 8/4/2010
Case Details:
  1. Guilty: Failed to notify operations unit upon learning his ex-girlfriend used his vehicle without his authorization resulting in her violating an order of protection in his favor.
  2. Guilty: Failed to properly safeguard his firearm.
Penalty: Vacation days (20 days)


Lawsuits

Named in 21 known lawsuits, $615,000 total settlements.

Lewis, Reginald vs City of New York, et al.
Case # 17CV04710, U.S. District Court - Southern District NY, July 13, 2017
Description: Plaintiff was seated on a bench when he was approached by the defendants and arrested. They transported him to the 40th precinct where he was charged with unspecified crimes related to drugs. He was later dismissed of all charges.

Lacen et al v. City of New York et al
Case # 026139-2017, Supreme Court - Bronx, 2017
Pending
Summons

Taylor, Derrick vs City of New York, et al.
Case # 303658/2016, Supreme Court - Bronx, December 7, 2016, ended June 4, 2018
$25,000 Settlement
Summons/Complaint

Freeman, Joshua vs City of New York, et al.
Case # 025316/2016E, Supreme Court - Bronx, August 9, 2016, ended January 10, 2017
$35,000 Settlement
Summons/Complaint

Baez, Richard vs City of New York, et al.
Case # 302017/2016, Supreme Court - Bronx, July 8, 2016, ended May 2, 2017
$40,000 Settlement
Complaint

Perez, Ruben vs City of New York, et al.
Case # 301916/2016, Supreme Court - Bronx, June 3, 2016, ended June 27, 2017
$15,000 Settlement
Complaint

Garcia, Kenneth vs City of New York, et al.
Case # 15CV07470, U.S. District Court - Southern District NY, December 31, 2015, ended July 19, 2019
$62,500 Settlement
Complaint
Description: Defendant Officers entered a residence illegally and found contraband. They arrested all Plaintiffs/residents and brought them to the 50th Precinct. Officers did not secure the apartment when they left allowing it to be vandalized and property to be stolen.

Capellan, Dahiana vs Smyth, Michael, et al.
Case # 15CV09815, U.S. District Court - Southern District NY, December 16, 2015, ended December 27, 2017
$40,000 Settlement
Complaint
Description: Defendant Officers forcibly entered Plaintiff's apartment with guns drawn, tightly handcuffed her, and searched the premises. Although Plaintiff only rented one bedroom in the residence, officers allegedly found a gun in another resident's bedroom and arrested Plaintiff. She was taken to the 46th precinct and charged with Criminal Possession of a Weapon in the Second Degree, which was dismissed by a Grand Jury.

Castillo, Joandy vs City of New York, et al.
Case # 304134/2015, Supreme Court - Bronx, December 14, 2015, ended October 25, 2016
$25,000 Settlement
Complaint

Garcia, Adamirka vs City of New York, et al.
Case # 14CV07581, U.S. District Court - Southern District NY, October 9, 2014, ended May 2, 2015
$30,000 Settlement
First Amended Complaint
Description: Defendant Officers unlawfully entered Plaintiff's apartment, searched Plaintiff's person and apartment, arrested her, took her to the 47th Precinct, charged her with OGA, Dis Con, and Resisting Arrest, which were later ACD'd.

Sanchez, Alfredo vs City of New York, et al.
Case # 303983/2014, Supreme Court - Bronx, August 4, 2014, ended September 5, 2017
$20,000 Settlement
Complaint

Owens, Jason vs Police Detective Smyth, Michael, et al.
Case # 14CV05464, U.S. District Court - Southern District NY, July 23, 2014, ended April 7, 2016
Zero Disposition
Complaint
Description: Plaintiff was stopped, searched and handcuffed by defendant officers. Plaintiff was given a strip search and was brought back to the precinct and was given another strip search. All charges were dismissed.

Madera, Bryan vs City of New York, et al.
Case # 301701/2014, Supreme Court - Bronx, May 30, 2014, ended October 15, 2014
$22,500 Settlement
Complaint

Rodriguez, Antonio and Rodriguez, Olga vs City of New York, et al.
Case # 14CV03273, U.S. District Court - Southern District NY, May 6, 2014, ended September 8, 2015
$95,000 Settlement
Second Amended Complaint
Description: Plaintiff 1 was handcuffed and physically assaulted by defendant officers. Defendant officers searched home causing damage. Plaintiff 2 was given a summons for possession of marijuana and plaintiff 1 was transported to the 46th precinct and then was taken to the hospital. Neither plaintiffs were formally charged.

Torres, Hiram vs Det. Barry, James, et al.
Case # 14CV02876, U.S. District Court - Southern District NY, May 1, 2014, ended October 22, 2014
$20,000 Settlement
First Amended Complaint, Stipulation
Description: Plaintiff was stopped and searched by defendant detectives/officers. Plaintiff was handcuffed, arrested and taken to the 48th precinct. Defendant officers accused plaintiff of selling and possessing marijuana. All charges were dismissed.

Bell, Princess, et al. vs City of New York, et al.
Case # 300502/2014, Supreme Court - Bronx, February 7, 2014, ended May 9, 2018
$80,000 Settlement
Complaint

Bates, Garnell vs City of New York, et al.
Case # 306983/2013, Supreme Court - Bronx, November 26, 2013, ended December 3, 2014
$50,000 Settlement
Complaint

Gonzalez, Marcos vs City of New York, et al.
Case # 023449/2013E, Supreme Court - Bronx, September 24, 2013, ended May 28, 2014
$22,500 Settlement

Gonzalez, Antonia, et al. vs City of New York, et al.
Case # 13CV00876, U.S. District Court - Southern District NY, February 12, 2013, ended December 6, 2013
$7,500 Settlement
Complaint

G.B. By Mng Guillen, Marcia and Guillen, Brittany vs City of New York, et al.
Case # 13CV00616, U.S. District Court - Southern District NY, January 30, 2013, ended November 14, 2013
$10,000 Settlement
First Amended Complaint
Description: Defendant officers entered residence, handcuffed plaintiffs and arrested them.

Andrades v. City of New York et al.
Case # 12CV03880, U.S. District Court - Southern District NY, 2012
$15,000 Settlement
12-cv-03880-BSJ-FM-cmp.pdf
Description: Plaintiff was apprehended and arrested by defendant officers in the lobby of her mother's home. The defendant officers proceeded to the mother's home upstairs where they conducted a search warrant. Plaintiff was transported to the 44th precinct and ultimately to central booking. Plaintiff was charged with possession of marijuana. All charges were ultimately dismissed.