Smithu Samuel

Badge #2294, Asian Male
Sergeant at 61st Precinct since September 2022, active
Also served at 79th Precinct, 60th Precinct
Service started July 2003, made $169,000 last year, Tax #933322

Substantiated Allegations:
Force: Physical force (2)
Force: Restricted Breathing
Abuse of Authority: Entry of Premises
Abuse of Authority: Failure to provide RTKA card
Abuse of Authority: Refusal to process civilian complaint
Abuse of Authority: Search of Premises
Untruthful Statement: False official statement

Discipline Cases:

Case: 2023-27784
Closed: 1/30/2024
Case: 2022-27576
Closed: 5/9/2023
Case: 2022-26945
Closed: 1/9/2023
Case: 2021-23354
Closed: 10/27/2022
Case: 2022-26944
Closed: 10/27/2022
Case: 2018-19072
Closed: 7/31/2018

View Details

Lawsuit settlements:
$13,750   Hines, Nykia vs P.O. Samuel, Smithu, et al., 2015 EDNY EDNY 14CV05955
$75,000   Alkaifi, Ali vs City of New York, et al., 2014 EDNY EDNY 14CV02680
View Details

Complaints

8 Complaints
20 Allegations
8 Substantiated
1 Substantiated (Command Discipline A)
4 Substantiated (Command Discipline B)
3 Substantiated (Charges)
6 Exonerated
2 Unfounded
3 Unsubstantiated
1 Within NYPD Guidelines

Complaint #202206365, September 2022
Allegation: Force: Physical force
Complainant: Hispanic Female, 35-39
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Abuse of Authority: Failure to provide RTKA card
Complainant: Hispanic Female, 35-39
CCRB Conclusion: Substantiated (Command Discipline A)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details

Complaint #202208196, June 2022
Allegation: Force: Physical force
Complainant: Age 30-34
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #202106772, November 2021
Allegation: Abuse of Authority: Refusal to provide name
Complainant: Asian Male, 25-29
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Refusal to provide shield number
Complainant: Asian Male, 25-29
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Stop
Complainant: Asian Male, 25-29
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Refusal to provide name
Complainant: Asian Male, 25-29
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Refusal to process civilian complaint
Complainant: Asian Male, 25-29
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Abuse of Authority: Other
CCRB Conclusion: Unsubstantiated
NYPD Conclusion: Command Discipline - B
Penalty: Command Discipline - B (Vacation: 5 days)
additional details

Complaint #202105575, September 2021
Allegation: Force: Chokehold
Complainant: White Male, 30-34
CCRB Conclusion: Unsubstantiated
Allegation: Force: Restricted Breathing
Complainant: White Male, 30-34
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Physical force
Complainant: White Male, 30-34
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Untruthful Statement: False official statement
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Dismissed
APU Plea Penalty: Forfeit vacation 10 days
APU Case Status: Closed: Plea set aside, Without discipline, January 2024
additional details

Complaint #202102419, April 2021
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
NYPD Conclusion: Command Discipline - B
Penalty: Command Discipline - B (Vacation: 5 days)
additional details

Complaint #202008276, September 2020
Allegation: Discourtesy: Word
Complainant: American Indian Female, 35-39
CCRB Conclusion: Unfounded
additional details

Complaint #201704819, June 2017
Allegation: Abuse of Authority: Threat of arrest
Complainant: White Male, 56
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200800221, September 2007
Allegation: Abuse of Authority: Threat of arrest
Complainant: White Male, 33
CCRB Conclusion: Exonerated
additional details

Complaint #202206365, September 2022
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Female, 35-39 Unfounded
Abuse of Authority: Entry of Premises Substantiated (Charges)
Abuse of Authority: Search of Premises Substantiated (Command Discipline B)
Abuse of Authority: Failure to provide RTKA card Hispanic Female, 35-39 Substantiated (Command Discipline A)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details
Complaint #202208196, June 2022
Allegation Complainant CCRB Conclusion
Force: Physical force Age 30-34 Within NYPD Guidelines
additional details
Complaint #202106772, November 2021
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name Asian Male, 25-29 Exonerated
Abuse of Authority: Refusal to provide shield number Asian Male, 25-29 Exonerated
Abuse of Authority: Stop Asian Male, 25-29 Exonerated
Abuse of Authority: Refusal to provide name Asian Male, 25-29 Exonerated
Abuse of Authority: Refusal to process civilian complaint Asian Male, 25-29 Substantiated (Command Discipline B)
Abuse of Authority: Other Unsubstantiated
NYPD Conclusion: Command Discipline - B
Penalty: Command Discipline - B (Vacation: 5 days)
additional details
Complaint #202105575, September 2021
Allegation Complainant CCRB Conclusion
Force: Chokehold White Male, 30-34 Unsubstantiated
Force: Restricted Breathing White Male, 30-34 Substantiated (Charges)
Force: Physical force White Male, 30-34 Substantiated (Command Discipline B)
Untruthful Statement: False official statement Substantiated (Charges)
NYPD Conclusion: APU Dismissed
APU Plea Penalty: Forfeit vacation 10 days
APU Case Status: Closed: Plea set aside, Without discipline, January 2024
additional details
Complaint #202102419, April 2021
Allegation CCRB Conclusion
Force: Physical force Substantiated (Command Discipline B)
Force: Physical force Exonerated
NYPD Conclusion: Command Discipline - B
Penalty: Command Discipline - B (Vacation: 5 days)
additional details
Complaint #202008276, September 2020
Allegation Complainant CCRB Conclusion
Discourtesy: Word American Indian Female, 35-39 Unfounded
additional details
Complaint #201704819, June 2017
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest White Male, 56 Unsubstantiated
additional details
Complaint #200800221, September 2007
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest White Male, 33 Exonerated
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.
'Within NYPD Guidelines': The alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusion definitions.


Discipline

Case: 2023-27784
Closed: 1/30/2024
Case Details:
  1. Made false statements during a civilian complaint review board interview.
  2. Wrongfully restricted breathing.
  3. Wrongfully used physical force.
Recommendation: Charges and Specifications

Case: 2022-27576
Closed: 5/9/2023
Case Details:
  1. Failed to prepare required reports.
Penalty: B - Command Discipline, vacation days (5 days)
Recommendation: Command Discipline - B

Case: 2022-26945
Closed: 1/9/2023
Case Details:
  1. Failed to make required entries in Department logs.
Recommendation: Other

Case: 2021-23354
Closed: 10/27/2022
Case Details:
  1. 01..failure to notify eeo in a timely fashion after becoming aware of an eeo-related allegation
Penalty: Instructions
Recommendation: Instructions

Case: 2022-26944
Closed: 10/27/2022
Case Details:
  1. Wrongfully used physical force.
Penalty: B - Command Discipline, vacation days (5 days)
Recommendation: No disciplinary action

Case: 2018-19072
Closed: 7/31/2018
Case Details:
  1. Guilty: While off-duty, broke a salad bowl during a dispute.
  2. Guilty: Wrongfully threatened or otherwise caused an individual to fear for their physical safety.
Penalty: Counseling, dismissal probation (12 months), pre-trial suspension days (28 days), vacation days (5 days)


Lawsuits

Named in 2 known lawsuits, $88,750 total settlements.

Hines, Nykia vs P.O. Samuel, Smithu, et al.
Case # 14CV05955, U.S. District Court - Eastern District NY, March 16, 2015, ended May 7, 2015
$13,750 Settlement
Complaint
Description: On February 2, 2014, at approximately 6:00 AM, plaintiff witnessed defendant police officers assaulting her boyfriend in the vicinity of Tompkins Ave. and Quincey St. in Brooklyn. When plaintiff asked why defendant police officers were assaulting her boyfriend, a defendant police officer handcuffed and falsely arrested her. Plaintiff was taken to the 79th Precinct, where she was searched and had her shoes and jacket taken from her; she was left barefoot in the cell. A male officer entered the cell and groped plaintiff under her dress, while pretending to conduct a pat down search. Plaintiff pleaded for a female officer to conduct the search, but another male officer entered the cell and proceeded to assault...

Alkaifi, Ali vs City of New York, et al.
Case # 14CV02680, U.S. District Court - Eastern District NY, May 20, 2014, ended July 28, 2017
$75,000 Settlement
Complaint, Second Amended Complaint
Description: On July 8, 2013, Defendant Fire Prevention Inspector Eric Monk assaulted Plaintiff during an inspection of a convenience store, including punching and kicking Plaintiff and placing him a chokehold. During the attack, Defendant Monk repeatedly referred to plaintiff as a “NIGGER.” In response to a FOIL request, the fire department stated that they “are not aware of Fire Prevention Inspector Monk having attended any training relating to workplace violence.” Two separate ambulances arrived at the scene in addition to two Supervisory NYPD Officers, Defendants Richard Roe(s) and/or Jane Roe(s). Plaintiff told personnel from both ambulances and the supervisory officers that he had been assaulted. Additionally, Plaint...

Other Documents

Brooklyn DA Disclosure Letter references additional CCRB complaint #201106245 and additional lawsuit 11CV1984