Michael E. Gaine

Badge #7763, White Male, 55
Detective Grade 1 at Detective Borough Queens South Operations since September 2016
Service started July 1996, made $267,000 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
$10,000   Rodas, Asdrubal vs City of New York, et al., 2012 QCSC QCSC 013779/2012
View Details

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 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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Discipline

Case: 2011-4419
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 3 known lawsuits, $2,010,000 total settlements.

Hall, Barry, et Al vs City of Ny, et al.
Case # 722094/2022, Supreme Court - Queens, October 27, 2022
Complaint
Description: On February 13, 2018, Defendant NYPD officers, including Detective Kevin Warmhold and Michael Gaine, surreptitiously surrounded Plaintiff HALL’S home and waited from him to exit his residence. When Plaintiff HALL walked out of his home, myriad Defendant officers descended upon him and had their firearms drawn and pointed directly at Plaintiff HALL. The officers then grabbed Plaintiff HALL and shoved him onto the ground. The officers then tightly handcuffed Plaintiff HALL. Defendant officers then knowingly submitted inaccurate information to the DA's office. At Central Booking, Defendant officers illegally searched Plaintiff HALL. Despite being served with alibi notice, the Defendants refused to properly and t...

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
Complaint
Description: On March 31, 2015, two people acting in concert killed a woman at her Jamaica, Queens home. On April 24, 2015, Plaintiff Douglas was charged with the woman's murder, and later, on October 6, 2015, Plaintiff Green was similarly charged with the woman's murder. The plaintiffs spent a combined 5.5 years incarcerated on Rikers Island. Meanwhile, the NYPD possessed exculpatory evidence for years. The plaintiffs were released on March 9, 2018. The exculpatory evidence showed that the plaintiffs were not at the victim's home when the murder occurred. Moreover, the key evidence against the plaintiffs was the result of NYPD coercion. In particular, Detective Donnell Myers, Detective Stephen Lalchan, and Sergean...

Rodas, Asdrubal vs City of New York, et al.
Case # 013779/2012, Supreme Court - Queens, July 2, 2012, ended October 2, 2013
$10,000 Settlement

Other Documents