Michael J. Napolitano

Michael J. Napolitano

Michael J. Napolitano
Badge #2294, White Male, 42
Detective Grade 3 at 123rd Precinct Detective Squad since October 2022
Also served at 77th Precinct
Service started July 2015, made $191,000 last year, Tax #958971

Substantiated Allegations:
Force: Chokehold (2)
Force: Physical force (3)
Force: Restricted Breathing
Abuse of Authority: Entry of Premises
Abuse of Authority: Refusal to provide shield number
Abuse of Authority: Seizure of property
Abuse of Authority: Threat of force (verbal or physical) (2)
Discourtesy: Word (4)
Untruthful Statement: False official statement
Untruthful Statement: Misleading official statement

Discipline Cases:

Case: 2022-26206
Closed: 11/30/2022
Case: 2022-26077
Closed: 11/17/2022

View Details

Lawsuit Settlements:
$75,000   Smallwood, Vaughn vs City of New York, et al., 2020 KCSC KCSC 511970/2020
$75,000   Taylor, Aubura Lionel vs City of New York, et al., 2019 KCSC KCSC 517639/2019
View Details

Complaints

6 Complaints
21 Allegations
17 Substantiated
5 Substantiated (Command Discipline B)
7 Substantiated (Command Discipline A)
5 Substantiated (Charges)
1 Complainant Unavailable
1 Complainant Uncooperative
1 Exonerated
1 Within NYPD Guidelines

Complaint #202005048, June 2020
Allegation: Force: Gun fired
Complainant: Black Male, 30-34
CCRB Conclusion: Within NYPD Guidelines
Documents: Complaint Closing Report
additional details

Complaint #202003240, May 2020
Allegation: Force: Chokehold
Complainant: Male, 18-20
CCRB Conclusion: Substantiated (Charges)
Allegation: Discourtesy: Word
Complainant: Black Male, 40-44
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Discourtesy: Word
Complainant: Black Female, 35-39
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 40-44
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Force: Physical force
Complainant: Male, 18-20
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Force: Restricted Breathing
Complainant: Male, 18-20
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Male, 18-20
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Discourtesy: Word
Complainant: Male, 18-20
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Untruthful Statement: Misleading official statement
CCRB Conclusion: Substantiated (Charges)
Allegation: Untruthful Statement: False official statement
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Physical force
Complainant: Male, 18-20
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Force: Physical force
Complainant: Male, 18-20
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Conclusion: APU Closed: Charges not served
APU Case Status: Closed: Charges not served, August 3, 2023
Documents: APU Quarterly Report summary
Complaint Closing Report
additional details

Complaint #202002635, April 2020
Allegation: Force: Chokehold
Complainant: Black Male, 21-24
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Closed: Charges not served
APU Case Status: Closed: Charges not served, July 26, 2023
Documents: APU Quarterly Report summary
Complaint Closing Report
additional details

Complaint #202003084, April 2020
Allegation: Discourtesy: Action
Complainant: White Female, 25-29
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #201903527, April 2019
Allegation: Abuse of Authority: Seizure of property
Complainant: Black Male, 53
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 53
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Black Male, 53
CCRB Conclusion: Substantiated (Command Discipline A)
Penalty: Command Discipline - A
Documents: Complaint Closing Report
additional details

Complaint #201903815, April 2019
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Female, 39
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #202005048, June 2020
Allegation Complainant CCRB Conclusion
Force: Gun fired Black Male, 30-34 Within NYPD Guidelines
Documents: Complaint Closing Report
additional details
Complaint #202003240, May 2020
Allegation Complainant CCRB Conclusion
Force: Chokehold Male, 18-20 Substantiated (Charges)
Discourtesy: Word Black Male, 40-44 Substantiated (Command Discipline A)
Discourtesy: Word Black Female, 35-39 Substantiated (Command Discipline A)
Abuse of Authority: Threat of force (verbal or physical) Black Male, 40-44 Substantiated (Command Discipline B)
Force: Physical force Male, 18-20 Substantiated (Command Discipline B)
Force: Restricted Breathing Male, 18-20 Substantiated (Charges)
Abuse of Authority: Threat of force (verbal or physical) Male, 18-20 Substantiated (Command Discipline B)
Discourtesy: Word Male, 18-20 Substantiated (Command Discipline A)
Abuse of Authority: Refusal to provide shield number Substantiated (Command Discipline A)
Untruthful Statement: Misleading official statement Substantiated (Charges)
Untruthful Statement: False official statement Substantiated (Charges)
Force: Physical force Male, 18-20 Substantiated (Command Discipline B)
Force: Physical force Male, 18-20 Substantiated (Command Discipline B)
NYPD Conclusion: APU Closed: Charges not served
APU Case Status: Closed: Charges not served, August 3, 2023
Documents: APU Quarterly Report summary
Complaint Closing Report
additional details
Complaint #202002635, April 2020
Allegation Complainant CCRB Conclusion
Force: Chokehold Black Male, 21-24 Substantiated (Charges)
NYPD Conclusion: APU Closed: Charges not served
APU Case Status: Closed: Charges not served, July 26, 2023
Documents: APU Quarterly Report summary
Complaint Closing Report
additional details
Complaint #202003084, April 2020
Allegation Complainant CCRB Conclusion
Discourtesy: Action White Female, 25-29 Complainant Unavailable
additional details
Complaint #201903527, April 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Seizure of property Black Male, 53 Substantiated (Command Discipline A)
Abuse of Authority: Entry of Premises Substantiated (Command Discipline A)
Abuse of Authority: Threat of arrest Black Male, 53 Exonerated
Discourtesy: Word Black Male, 53 Substantiated (Command Discipline A)
Penalty: Command Discipline - A
Documents: Complaint Closing Report
additional details
Complaint #201903815, April 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop Black Female, 39 Complainant Uncooperative
additional details

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Within NYPD Guidelines': The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusions.


Discipline

Case: 2022-26206
Closed: 11/30/2022
Case Details:
  1. Made false statements during a civilian complaint review board interview.
  2. Wrongful threat of force.
  3. Wrongfully discourteous to an individual known to the Department.
  4. Made misleading or inaccurate statements during a civilian complaint review board interview.
  5. Wrongfully used physical force.
  6. Violated patrol rules.
  7. Wrongfully restricted breathing.
  8. Wrongfully used a chokehold.
Recommendation: Charges and Specifications

Case: 2022-26077
Closed: 11/17/2022
Case Details:
  1. Wrongfully used a chokehold.
Recommendation: Charges and Specifications


Lawsuits

Named in 4 known lawsuits, $150,000 total settlements.

Graves, Motique as Proposed Adm of The Estate of Graves, Tyquarn Tameke vs City of Ny
Case # 22CV03230, U.S. District Court - Eastern District NY, June 7, 2022
Complaint
Description: On June 2, 2020, NYPD Defendants P.O Christian Santos, P.O. Christian Feraca, Sergeant Richard Galvez, P.O. Raymond Sanchez, P.O. Ernesto Defreitas, P.O. John Loreto, P.O. Sandeep Thomas, P.O. Michael Napolitano, P.O. Danial Staffa, P.O. Brett Ostrander, and P.O. Colin Russell responded to a report of shots fired in Brooklyn. Defendant P.O. Christian Santos located Tyquarn Graves (deceased son of the Plaintiff) lying face down behind a tree. Santos ordered Mr. Graves not to move. Mr. Graves rose to his knees holding a firearm, observed by Santos. Santos ordered Mr. Graves to "put it down and stop moving and let me see your hands." Mr. Graves then stood up, still holding a gun in his hand. By this time, the othe...

Parker Jr., Marty vs City of New York, et al.
Case # 522131/2020, Supreme Court - Kings, November 10, 2020
Complaint
Description: On January 17, 2020, Marty Parker Jr. was a passenger in a vehicle driven by his cousin en route to his aunt’s house in Brooklyn, New York. The vehicle was stopped by police officers, including P.O. Viera, P.O. Giglio, P.O. Napolitano, and Sergeant Thompson. After the vehicle was searched and nothing illegal was found, Parker was ordered to exit the vehicle. He alleges that he was assaulted by the officers, including having his arm twisted, being thrown against the car, placed in tight handcuffs, and kicked in the groin. He claims that the officers used excessive force without provocation. Parker was then taken to the 77th precinct without being informed of the charges or read his Miranda rights. He was detain...

Smallwood, Vaughn vs City of New York, et al.
Case # 511970/2020, Supreme Court - Kings, July 14, 2020, ended January 10, 2024
$75,000 Settlement
Complaint
Description: On November 27, 2019, Plaintiff was walking on the street on the way to the bus stop when he saw a friend. His friend is an individual who uses a wheelchair. Plaintiff gave his friend a t-shirt which his friend had previously asked Plaintiff to buy for him. Immediately when Plaintiff placed the t-shirt into his friend's wheelchair officers ran over and threw Plaintiff on the ground. The officers punched, kicked, and elbowed Plaintiff. Plaintiff was placed under arrest without cause. Plaintiff was illegally searched, during which no contraband was found. Plaintiff was transported to the precinct and charged with obstructing governmental administration. All charges were subsequently dismissed.

Taylor, Aubura Lionel vs City of New York, et al.
Case # 517639/2019, Supreme Court - Kings, August 28, 2019, ended September 12, 2023
$75,000 Settlement
Complaint
Description: On or about January 1st, 2019, Plaintiff was lawfully attending a New Year's Eve celebration and was standing outside the premises when he was approaches by PO "John Doe" of the NYPD. Plaintiff was seized by PO "John Doe" and pushed to the ground, causing the fracturing of his rib. Plaintiff was arrested, handcuffed and transported to the 77th Precinct where he was processed. He was then transported to King's County Central Booking. PO "John Doe" falsely and maliciously instigated the commencement of criminal proceedings against Plaintiff. On January 2nd, Plaintiff was taken to court and then released on his own recognizance. He was then taken to Brooklyn Hospital where he was diagnosed with a fractured rib. Al...

Other Documents

Brooklyn DA Disclosure Letter references additional CCRB complaint #202006402