Michael E. Gaine

Badge #7763, White Male, 53
Detective Grade 1 at Detective Borough Queens South Operations since September 2016, active
Also served at Police Service Area 6, 114th Precinct Detective Squad
Service started July 1996, made $218,000 last year, Tax #917653

Substantiated Allegations:
Abuse of Authority: Frisk and/or search
Abuse of Authority: Question and/or stop
Abuse of Authority: Threat of force (verbal or physical)
Discourtesy: Word


Lawsuit settlements:
$2,000,000   Douglas, Julian and Green, Sahel vs City of New York, et al., 2019 QCSC QCSC 709207/2019
View Details

Articles

The Queens District Attorney's Office Has an Exonerating Evidence Problem, Hellgate, 12/4/2022

Complaints

7 Complaints
22 Allegations
4 Substantiated
4 Substantiated (Charges)
4 Complainant Uncooperative
3 Exonerated
8 Unfounded
3 Unsubstantiated

Complaint #201606801, August 2016
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Male, 31
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200806997, May 2008
Allegation: Discourtesy: Word
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200201593, March 2002
Allegation: Force: Physical force
Complainant: Black Male, 19
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200101185, February 2001
Allegation: Force: Physical force
Complainant: Black Male, 22
CCRB Conclusion: Exonerated
Allegation: Force: Chokehold
Complainant: Black Male, 22
CCRB Conclusion: Unfounded
Allegation: Force: Gun Pointed
Complainant: Black Male, 22
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 22
CCRB Conclusion: Unfounded
Allegation: Force: Physical force
Complainant: Hispanic Male, 17
CCRB Conclusion: Unfounded
Allegation: Force: Physical force
Complainant: Black Male, 22
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Threat of arrest
Complainant: Hispanic Female, 22
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200100356, January 2001
Allegation: Force: Physical force
Complainant: Black Male
CCRB Conclusion: Exonerated
Allegation: Force: Hit against inanimate object
Complainant: Black Male
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Black Male
CCRB Conclusion: Unfounded
additional details

Complaint #200008986, December 2000
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Hispanic Male, 16
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Frisk and/or search
Complainant: Hispanic Male, 14
CCRB Conclusion: Substantiated (Charges)
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 16
CCRB Conclusion: Unfounded
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 16
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Frisk and/or search
Complainant: Hispanic Male, 14
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Hispanic Female, 13
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Question and/or stop
Complainant: Hispanic Male, 14
CCRB Conclusion: Substantiated (Charges)
additional details

Complaint #9904521, October 1999
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201606801, August 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name/shield number Black Male, 31 Unsubstantiated
additional details
Complaint #200806997, May 2008
Allegation CCRB Conclusion
Discourtesy: Word Complainant Uncooperative
additional details
Complaint #200201593, March 2002
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 19 Complainant Uncooperative
additional details
Complaint #200101185, February 2001
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 22 Exonerated
Force: Chokehold Black Male, 22 Unfounded
Force: Gun Pointed Black Male, 22 Unfounded
Abuse of Authority: Threat of force (verbal or physical) Black Male, 22 Unfounded
Force: Physical force Hispanic Male, 17 Unfounded
Force: Physical force Black Male, 22 Unfounded
Abuse of Authority: Threat of arrest Hispanic Female, 22 Unsubstantiated
additional details
Complaint #200100356, January 2001
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male Exonerated
Force: Hit against inanimate object Black Male Exonerated
Discourtesy: Word Black Male Unfounded
additional details
Complaint #200008986, December 2000
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of force (verbal or physical) Hispanic Male, 16 Substantiated (Charges)
Abuse of Authority: Frisk and/or search Hispanic Male, 14 Substantiated (Charges)
Discourtesy: Word Hispanic Male, 16 Unfounded
Discourtesy: Word Hispanic Male, 16 Substantiated (Charges)
Abuse of Authority: Frisk and/or search Hispanic Male, 14 Unsubstantiated
Discourtesy: Word Hispanic Female, 13 Unfounded
Abuse of Authority: Question and/or stop Hispanic Male, 14 Substantiated (Charges)
additional details
Complaint #9904521, October 1999
Allegation CCRB Conclusion
Abuse of Authority: Threat of arrest Complainant Uncooperative
Abuse of Authority: Refusal to provide name/shield number Complainant Uncooperative
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: 2011-4419
Document
Opened: 4/6/2011
Closed: 4/24/2012
Case Details:
  1. Guilty: While off duty wrongfully operated a motor vehicle while under the influence of an intoxicant
  2. Guilty: While off duty wrongfully operated a motor vehicle while said member's ability was impaired by the consumption of alcohol
  3. Guilty: While off duty refused to submit to a breathalyzer test
  4. Guilty: While off duty wrongfully consumed an intoxicant to the extent that said member was unfit for duty
  5. Guilty: While off duty wrongfully consumed an intoxicant to the extent that said member was unfit for duty while armed.
Penalty: Dismissal from the New York City Police Department; however, judgement is suspended and respondent will be placed on dismissal probation for a period of one (1) year. Forfeiture of thirty (30) pre-trial suspension days, twenty (20) vacation days, ordered breath testing.


Lawsuits

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

Hall, Barry, et Al vs City of New York, et al.
Case # 722094/2022, Supreme Court - Queens, October 27, 2022

Douglas, Julian and Green, Sahel vs City of New York, et al.
Case # 709207/2019, Supreme Court - Queens, May 31, 2019, ended April 20, 2021
$2,000,000 Settlement