Matthew J. Demaio

Badge #441, White Male
Former Detective Grade 3 at Firearms Suppression Section
Service started July 2012, ended February 2023, Tax #952663

Substantiated Allegations:
Abuse of Authority: Stop
Abuse of Authority: Vehicle search

Lawsuit settlements:
$46,000   Watters, Davi, et al. vs City of New York, et al., 2019 KCSC KCSC 502965/2019
$140,000   Kemp, Dasheen, et al. vs City of New York, et al., 2017 EDNY EDNY 17CV05667
$90,000   Diaz, Mark vs City of New York, et al., 2016 EDNY EDNY 16CV02159
$17,500   Anderson, Elijah vs City of New York, et al., 2016 EDNY EDNY 16CV00150
$32,503   John, Adrian, et al. vs Demaio, Matthew -Police Department, Nyc, et al., 2015 EDNY EDNY 15CV06094
$50,000   Candelario, Jorge & Pagan, Jennifer vs City of New York, et al., 2015 EDNY EDNY 15CV00240
$33,500   Mata, Kenya vs Sergeant Vasquez, Angel, et al., 2014 EDNY EDNY 13CV07405
View Details

Complaints

4 Complaints
14 Allegations
2 Substantiated
1 Substantiated (Formalized Training)
1 Substantiated (Command Discipline A)
5 Exonerated
1 Unfounded
6 Unsubstantiated

Complaint #201900890, January 2019
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Male, 19
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Hispanic Male, 19
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Hispanic Male, 19
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201900359, January 2019
Allegation: Force: Gun Pointed
Complainant: Black Male, 32
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 32
CCRB Conclusion: Substantiated (Command Discipline A)
Penalty: Command Discipline - A
Documents: Complaint Closing Report
additional details

Complaint #201609887, November 2016
Allegation: Force: Physical force
Complainant: White Male, 55
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Vehicle search
Complainant: White Male, 55
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search (of person)
Complainant: White Male, 55
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Frisk
Complainant: White Male, 55
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: White Male, 55
CCRB Conclusion: Unfounded
Allegation: Force: Physical force
Complainant: White Male, 55
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201606783, July 2016
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 44
CCRB Conclusion: Substantiated (Formalized Training)
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 44
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 44
CCRB Conclusion: Exonerated
Penalty: Formalized Training
Documents: Complaint Closing Report
additional details

Complaint #201900890, January 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Hispanic Male, 19 Unsubstantiated
Abuse of Authority: Failure to provide RTKA card Hispanic Male, 19 Unsubstantiated
Abuse of Authority: Threat of arrest Hispanic Male, 19 Unsubstantiated
additional details
Complaint #201900359, January 2019
Allegation Complainant CCRB Conclusion
Force: Gun Pointed Black Male, 32 Unsubstantiated
Abuse of Authority: Stop Black Male, 32 Substantiated (Command Discipline A)
Penalty: Command Discipline - A
Documents: Complaint Closing Report
additional details
Complaint #201609887, November 2016
Allegation Complainant CCRB Conclusion
Force: Physical force White Male, 55 Unsubstantiated
Abuse of Authority: Vehicle search White Male, 55 Exonerated
Abuse of Authority: Search (of person) White Male, 55 Exonerated
Abuse of Authority: Frisk White Male, 55 Exonerated
Force: Physical force White Male, 55 Unfounded
Force: Physical force White Male, 55 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201606783, July 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Black Male, 44 Substantiated (Formalized Training)
Abuse of Authority: Vehicle stop Black Male, 44 Exonerated
Abuse of Authority: Search (of person) Black Male, 44 Exonerated
Penalty: Formalized Training
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.
'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.


Lawsuits

Named in 10 known lawsuits, $409,503 total settlements.

P., A., et al. By M/n/g Smith, Wendy vs City of New York, et al.
Case # 506428/2020, Supreme Court - Kings, February 2, 2021

Smith, Wendy, et al. vs City of New York, et al.
Case # 507727/2019, Supreme Court - Kings, July 2, 2019

Watters, Davi, et al. vs City of New York, et al.
Case # 502965/2019, Supreme Court - Kings, February 15, 2019, ended December 17, 2020
$46,000 Settlement
Summons

Zeigler, Terrence vs New York Police Commissioner, Bratton, William, et al.
Case # 17CV04639, U.S. District Court - Eastern District NY, February 6, 2018, ended March 12, 2019
Zero Disposition
Complaint, Docket Report
Description: Between August 5th and 12th in 2016 around 10:45 PM, Plaintiff was eating dinner with his wife and two year old son when the six Defendants NYPD Officers banged on the door and broke it down. They had a warrant to arrest another individual in the building who lived three flights above the family. Plaintiff was unlawfully arrested in front of his family for the violation of driving without a license, which was stated to have inflicted emotional distress on the whole family for the unlawful entry and arrest.

Kemp, Dasheen, et al. vs City of New York, et al.
Case # 17CV05667, U.S. District Court - Eastern District NY, October 10, 2017, ended June 13, 2018
$140,000 Settlement
Complaint
Description: Defendants Demaio and other John Does arrived at the location and entered and searched the apartment without probable cause. Despite the fact that the search turned up no evidence of guns, drugs, or contraband, Plaintiffs were arrested and detained for several hours. All charges against the Plaintiffs were dismissed in their entirety.

Diaz, Mark vs City of New York, et al.
Case # 16CV02159, U.S. District Court - Eastern District NY, May 10, 2016, ended September 17, 2018
$90,000 Settlement
Complaint
Description: Plaintiff approached Defendant Officers and asked them a question and then was publicly assaulted and battered. Plaintiff was arrested and taken to the 75th Precinct and charged with Obstruction of Governmental Administration, Attempted Criminal Mischief, Harassment, and Disorderly Conduct, which were later dismissed.

Anderson, Elijah vs City of New York, et al.
Case # 16CV00150, U.S. District Court - Eastern District NY, January 14, 2016, ended February 9, 2017
$17,500 Settlement
Complaint, Amended Complaint, Second Amended Complaint
Description: Defendant officers approached Plaintiff while he was outside his residence, asked him is he knew someone that lived with Plaintiff. Officers made Plaintiff take them to his apartment, forcibly entered it, searched it, and arrested Plaintiff and the other individual. Plaintiff was taken to the 75th precinct and charged with unlawful possession of marijuana, which was ACD'd. Officers then obtained a warrant and seized property inside Plaintiffs apartment.

John, Adrian, et al. vs Demaio, Matthew -Police Department, Nyc, et al.
Case # 15CV06094, U.S. District Court - Eastern District NY, October 23, 2015, ended April 27, 2016
$32,503 Settlement
Complaint
Description: Plaintiffs were having a barbeque in their front yard when defendant officers showed up, harassed them, then assaulted two of the Plaintiffs, one of which was pregnant. When another Plaintiff began recording he was slammed and handcuffed as well. Plaintiffs were brought to the 75th Precinct, where Plaintiff 1 was charged with OGA, Plaintiff 2 was charged with OGA, resisting arrest, and harassment, and Plaintiff 3 was charged with Dis Con. Plaintiff 1's case was dismissed and the other 2 ACD'd.

Candelario, Jorge & Pagan, Jennifer vs City of New York, et al.
Case # 15CV00240, U.S. District Court - Eastern District NY, January 23, 2015, ended February 27, 2017
$50,000 Settlement
Complaint, Amended Complaint
Description: Defendant Officers knocked on Plaintiff's door looking for his sister, punched him in the neck, assaulted him, and entered and searched the apartment. Plaintiff was handcuffed and maced. When another resident pleaded with them to stop, she was also arrested. Plaintiffs were taken to the 75th Precinct and charged with various crimes which were later dismissed.

Mata, Kenya vs Sergeant Vasquez, Angel, et al.
Case # 13CV07405, U.S. District Court - Eastern District NY, July 30, 2014, ended September 4, 2014
$33,500 Settlement
Complaint
Description: On August 20, 2013, at approximately 9:30pm, Plaintiff approached her car, where she was planning to meet her brother to go to dinner, and observed Defendant NYPD Officers surrounding the vehicle and searching her glove box, with her brother under arrest in a police vehicle. Defendants refused to answer Plaintiff's question as to what was happening, but demanded that Plaintiff provide her name, ID and documentation for her vehicle, which Plaintiff did. When Plaintiff asked a second time what was going on, Defendant NYPD Officers aggressively grabbed her hand, pulled her arms behind her and handcuffed her, then pushed her onto her vehicle causing Plaintiff's head to violently bang against the car. Plaintiff was...

Other Documents

Brooklyn DA Disclosure Letter references additional CCRB complaint #201606105