Michael P. Smith

Badge #1922, White Male, 46
Detective Grade 3 at 44th Precinct Detective Squad since April 2017, active
Also served at 44th Precinct
Service started July 2006, made $121,000 last year, Tax #942823

Substantiated Allegations:
Force: Physical force
Abuse of Authority: Question
Abuse of Authority: Search (of person) (2)
Abuse of Authority: Stop

Lawsuit settlements:
$27,500   Guillen, Edward vs City of New York, et al., 2018 BCSC BCSC 030880/2018E
$27,500   Serrano, Tony vs City of New York, et al., 2017 BCSC BCSC 030035/2017E
$3,300   Nieves, Francisco vs City of New York, et al., 2017 BCSC BCSC 300843/2017
$50,000   Acosta, Luis vs City of New York, et al., 2013 SDNY SDNY 13CV07943
$10,000   Addison, Sharnell vs City of New York, et al., 2013 BCSC BCSC 306133/2013
$65,000   Dejesus, Moraima, et al. vs City of New York, et al., 2013 SDNY SDNY 12CV09416
View Details

Complaints

12 Complaints
26 Allegations
5 Substantiated
1 Substantiated (Charges)
4 Substantiated (Command Discipline B)
1 Complainant Unavailable
3 Complainant Uncooperative
6 Exonerated
11 Unsubstantiated

Complaint #201607782, September 2016
Allegation: Abuse of Authority: Search (of person)
Complainant: Hispanic Female, 35
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Conclusion: Instructions
Allegation: Abuse of Authority: Search (of person)
Complainant: Hispanic Female, 61
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Conclusion: Instructions
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Female, 35
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Conclusion: Command Discipline - A
Allegation: Abuse of Authority: Question
Complainant: Hispanic Female, 35
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: Command Discipline - A
Documents: Complaint Closing Report
additional details

Complaint #201603993, May 2016
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Hispanic Male, 49
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Retaliatory summons
Complainant: Hispanic Male, 49
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Male, 49
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201501902, March 2015
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 23
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 23
CCRB Conclusion: Exonerated
additional details

Complaint #201408921, August 2014
Allegation: Force: Physical force
Complainant: Black Male, 35
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Not guilty
APU Case Status: Closed: Not guilty after trial, July 2016
Documents: Complaint Closing Report
additional details

Complaint #201302530, April 2013
Allegation: Abuse of Authority: Search (of person)
Complainant: Hispanic Male, 41
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: Hispanic Male, 41
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Male, 41
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201301768, January 2013
Allegation: Force: Physical force
Complainant: Female
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #201213634, October 2012
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Female, 32
CCRB Conclusion: Exonerated
additional details

Complaint #201200260, January 2012
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 25
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Black Male, 25
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Black Male, 25
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201109010, July 2011
Allegation: Abuse of Authority: Search (of person)
Complainant: Hispanic Male, 53
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Hispanic Male, 53
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201106803, May 2011
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 26
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 26
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201103775, March 2011
Allegation: Force: Physical force
Complainant: Black Male, 28
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Exonerated
additional details

Complaint #201010183, July 2010
Allegation: Discourtesy: Word
Complainant: Black Male, 18
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 18
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201607782, September 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Hispanic Female, 35 Substantiated (Command Discipline B)
NYPD Conclusion: Instructions
Abuse of Authority: Search (of person) Hispanic Female, 61 Substantiated (Command Discipline B)
NYPD Conclusion: Instructions
Abuse of Authority: Stop Hispanic Female, 35 Substantiated (Command Discipline B)
NYPD Conclusion: Command Discipline - A
Abuse of Authority: Question Hispanic Female, 35 Substantiated (Command Discipline B)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: Command Discipline - A
Documents: Complaint Closing Report
additional details
Complaint #201603993, May 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name/shield number Hispanic Male, 49 Complainant Uncooperative
Abuse of Authority: Retaliatory summons Hispanic Male, 49 Complainant Uncooperative
Abuse of Authority: Stop Hispanic Male, 49 Complainant Uncooperative
additional details
Complaint #201501902, March 2015
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Black Male, 23 Exonerated
Abuse of Authority: Stop Black Male, 23 Exonerated
additional details
Complaint #201408921, August 2014
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 35 Substantiated (Charges)
NYPD Conclusion: APU Not guilty
APU Case Status: Closed: Not guilty after trial, July 2016
Documents: Complaint Closing Report
additional details
Complaint #201302530, April 2013
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Hispanic Male, 41 Unsubstantiated
Abuse of Authority: Frisk Hispanic Male, 41 Unsubstantiated
Abuse of Authority: Stop Hispanic Male, 41 Unsubstantiated
additional details
Complaint #201301768, January 2013
Allegation Complainant CCRB Conclusion
Force: Physical force Female Complainant Unavailable
additional details
Complaint #201213634, October 2012
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Black Female, 32 Exonerated
additional details
Complaint #201200260, January 2012
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 25 Exonerated
Force: Physical force Black Male, 25 Unsubstantiated
Discourtesy: Word Black Male, 25 Unsubstantiated
additional details
Complaint #201109010, July 2011
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Hispanic Male, 53 Unsubstantiated
Abuse of Authority: Stop Hispanic Male, 53 Unsubstantiated
additional details
Complaint #201106803, May 2011
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Black Male, 26 Unsubstantiated
Abuse of Authority: Frisk Black Male, 26 Unsubstantiated
additional details
Complaint #201103775, March 2011
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 28 Exonerated
Abuse of Authority: Gun Drawn Exonerated
additional details
Complaint #201010183, July 2010
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 18 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Black Male, 18 Unsubstantiated
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.
'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 7 known lawsuits, $183,300 total settlements.

Guillen, Edward vs City of New York, et al.
Case # 030880/2018E, Supreme Court - Bronx, October 9, 2018, ended March 4, 2020
$27,500 Settlement

Serrano, Tony vs City of New York, et al.
Case # 030035/2017E, Supreme Court - Bronx, December 13, 2017, ended June 11, 2018
$27,500 Settlement

Nieves, Francisco vs City of New York, et al.
Case # 300843/2017, Supreme Court - Bronx, April 13, 2017, ended December 19, 2018
$3,300 Settlement

Davis, Devin vs City of New York, et al.
Case # 023003/2016E, Supreme Court - Bronx, May 23, 2016

Acosta, Luis vs City of New York, et al.
Case # 13CV07943, U.S. District Court - Southern District NY, November 8, 2013, ended May 22, 2015
$50,000 Settlement
Complaint
Description: 1st Incident: Plaintiff falsely arrested for trespassing but then released without charges. 2nd incident: Plaintiff arrested for trespassing but was released without charges.3rd incident: Plaintiff was arrested for OGA, which was later dismissed.4th incident: Plaintiff arrested for Dis Con, later dismissed. 5th incident: Plaintiff arrested for sale of marijuana, taken to a precinct and strip searched. Charges later dismissed.

Addison, Sharnell vs City of New York, et al.
Case # 306133/2013, Supreme Court - Bronx, October 25, 2013, ended June 26, 2017
$10,000 Settlement

Dejesus, Moraima, et al. vs City of New York, et al.
Case # 12CV09416, U.S. District Court - Southern District NY, January 2, 2013, ended August 13, 2013
$65,000 Settlement
Complaint
Description: On January 11, 2012, Plaintiffs DeJesus, Ortiz and Diaz were on the sidewalk when Defendant officers approached and began questioning them. Despite answering all questions, Defendants illegally and without cause or suspicion searched Plaintiffs, including lifting the skirt of Plaintiff Moraima DeJesus. The officers then arrested Plaintiffs Ortiz and Diaz, handcuffed them excessively tight, and illegally searched Plaintiff Ortiz’ car, which was nearby. Despite finding no contraband, Plaintiffs Ortiz and Diaz were taken to the 44th Precinct and held on false unspecified charges by Defendant Officer Paul Brauer. All charges were dismissed at a later unspecified date.

Other Documents