Malachi B. Mckenith

Badge #2680, Black Male, 46
Police Officer at Manhattan Court Section since September 2023, active
Also served at 40th Precinct
Service started January 2008, made $125,000 last year, Tax #945983

Substantiated Allegations:
Force: Chokehold (2)
Force: Physical force
Abuse of Authority: Retaliatory arrest
Abuse of Authority: Stop
Abuse of Authority: Threat of arrest (3)
Abuse of Authority: Threat of force (verbal or physical)
Discourtesy: Word
Offensive Language: Ethnicity

Lawsuit settlements:
$50,000   Smith, Roger vs City of New York, et al., 2021 BCSC BCSC 800865/2021E
$1,348   Geico General Insurance Company Aso Ferreira, Roberto et al. vs City of New York, et al., 2019 CCQ CCQ 012875-2019
$60,000   Sow, Mohamed vs City of New York, et al., 2016 BCSC BCSC 302548/2016
$12,500   Stewart, Jafari vs Police Officers Doe, John/jane, 2016 SDNY SDNY 16CV04724
$10,000   Mitchell, Tobias vs P.O. Rodriquez, John Doe, et al., 2014 SDNY SDNY 14CV04742
View Details

Complaints

25 Complaints
68 Allegations
11 Substantiated
2 Substantiated (Instructions)
1 Substantiated (Command Discipline B)
5 Substantiated (Formalized Training)
3 Substantiated (Charges)
1 Closed - Pending Litigation
2 Complainant Unavailable
5 Complainant Uncooperative
17 Exonerated
3 Unfounded
26 Unsubstantiated
2 Victim Unidentified
1 Within NYPD Guidelines

Complaint #202308594, August 2023
Allegation: Force: Physical force
Complainant: White Male, 35-39
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #202206458, September 2022
Allegation: Force: Physical force
Complainant: Male
CCRB Conclusion: Closed - Pending Litigation
additional details

Complaint #202205729, August 2022
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 15-17
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #202202989, May 2022
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Victim Unidentified
additional details

Complaint #202008036, December 2020
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unfounded
additional details

Complaint #202008453, December 2020
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 60-64
CCRB Conclusion: Unsubstantiated
additional details

Complaint #202007876, December 2020
Allegation: Force: Physical force
Complainant: Hispanic Male, 21-24
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 21-24
CCRB Conclusion: Unfounded
additional details

Complaint #202007878, November 2020
Allegation: Force: Nonlethal restraining device
Complainant: Black Male, 40-44
CCRB Conclusion: Exonerated
Allegation: Force: Nonlethal restraining device
Complainant: Black Male, 40-44
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Black Male, 40-44
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Black Male, 40-44
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 40-44
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Black Male, 40-44
CCRB Conclusion: Exonerated
additional details

Complaint #202006596, September 2020
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 25-29
CCRB Conclusion: Exonerated
additional details

Complaint #201910150, November 2019
Allegation: Force: Physical force
Complainant: Male, 53
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #201905171, June 2019
Allegation: Force: Chokehold
Complainant: Black Male, 37
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Restricted Breathing
Complainant: Black Male, 37
CCRB Conclusion: Unsubstantiated
APU Case Status: Pending
Penalty: APU - Decision Pending
Documents: Complaint Closing Report
additional details

Complaint #201903504, April 2019
Allegation: Abuse of Authority: Forcible Removal to Hospital
Complainant: Male, 41
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Interference with recording
Complainant: Male, 41
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201902652, March 2019
Allegation: Abuse of Authority: Other
Complainant: Male
CCRB Conclusion: Victim Unidentified
additional details

Complaint #201901999, February 2019
Allegation: Abuse of Authority: Forcible Removal to Hospital
Complainant: Black Male, 50
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Black Male, 50
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Black Male, 50
CCRB Conclusion: Substantiated (Charges)
Allegation: Offensive Language: Race
Complainant: Black Male, 50
CCRB Conclusion: Unsubstantiated
Allegation: Force: Chokehold
Complainant: Black Male, 50
CCRB Conclusion: Substantiated (Charges)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details

Complaint #201901324, February 2019
Allegation: Abuse of Authority: Threat to notify ACS
Complainant: Hispanic Female, 25
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201801115, February 2018
Allegation: Offensive Language: Gender
Complainant: Hispanic Male, 12
CCRB Conclusion: Unsubstantiated
Allegation: Force: Handcuffs too tight
Complainant: Hispanic Male, 12
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201706698, August 2017
Allegation: Force: Physical force
Complainant: Black Male, 13
CCRB Conclusion: Exonerated
Allegation: Force: Other
Complainant: Black Male, 13
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 13
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Conclusion: No Disciplinary Action-DUP
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 13
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Black Male, 13
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 13
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Conclusion: Formalized Training
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 13
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Action
Complainant: Black Male, 13
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 13
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 13
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 13
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Conclusion: Formalized Training
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 13
CCRB Conclusion: Unsubstantiated
Allegation: Force: Chokehold
Complainant: Black Male, 13
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of arrest
Complainant: Male
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Conclusion: Formalized Training
Allegation: Abuse of Authority: Retaliatory arrest
Complainant: Black Male, 13
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Conclusion: Formalized Training
Allegation: Abuse of Authority: Stop
Complainant: Male
CCRB Conclusion: Unsubstantiated
Allegation: Force: Chokehold
Complainant: Black Male, 13
CCRB Conclusion: Unsubstantiated
Penalty: Formalized Training
Documents: Complaint Closing Report
additional details

Complaint #201603532, April 2016
Allegation: Force: Physical force
Complainant: Black Male, 30
CCRB Conclusion: Exonerated
Allegation: Force: Other
Complainant: Black Male, 30
CCRB Conclusion: Unsubstantiated
Allegation: Offensive Language: Race
Complainant: Black Male, 30
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Black Male, 30
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 30
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201504916, June 2015
Allegation: Offensive Language: Other
Complainant: Black Female, 33
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #201404954, May 2014
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Hispanic Male, 42
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Hispanic Female, 33
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Property damaged
Complainant: Hispanic Male, 42
CCRB Conclusion: Exonerated
Documents: Complaint Closing Report
additional details

Complaint #201400407, January 2014
Allegation: Force: Physical force
Complainant: Black Male, 17
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Force: Chokehold
Complainant: Black Male, 17
CCRB Conclusion: Unsubstantiated
Penalty: Command Discipline - B
Documents: Complaint Closing Report
additional details

Complaint #201310430, October 2013
Allegation: Discourtesy: Word
Complainant: Male, 39
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Threat of arrest
Complainant: Male, 39
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201308493, August 2013
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 50
CCRB Conclusion: Unsubstantiated
Allegation: Offensive Language: Ethnicity
Complainant: Black Male, 50
CCRB Conclusion: Substantiated (Instructions)
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 50
CCRB Conclusion: Substantiated (Instructions)
NYPD Conclusion: Command Discipline - B
Penalty: Command Discipline - B / Instructions
additional details

Complaint #201301610, February 2013
Allegation: Abuse of Authority: Threat of arrest
Complainant: Female, 47
CCRB Conclusion: Exonerated
additional details

Complaint #201207470, May 2012
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: White Male, 17
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: White Female, 37
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: White Female, 37
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: White Female, 19
CCRB Conclusion: Unsubstantiated
additional details

Complaint #202308594, August 2023
Allegation Complainant CCRB Conclusion
Force: Physical force White Male, 35-39 Complainant Unavailable
additional details
Complaint #202206458, September 2022
Allegation Complainant CCRB Conclusion
Force: Physical force Male Closed - Pending Litigation
additional details
Complaint #202205729, August 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Black Male, 15-17 Within NYPD Guidelines
additional details
Complaint #202202989, May 2022
Allegation CCRB Conclusion
Abuse of Authority: Threat of arrest Victim Unidentified
additional details
Complaint #202008036, December 2020
Allegation CCRB Conclusion
Abuse of Authority: Entry of Premises Unfounded
additional details
Complaint #202008453, December 2020
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Black Male, 60-64 Unsubstantiated
additional details
Complaint #202007876, December 2020
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 21-24 Exonerated
Discourtesy: Word Hispanic Male, 21-24 Unfounded
additional details
Complaint #202007878, November 2020
Allegation Complainant CCRB Conclusion
Force: Nonlethal restraining device Black Male, 40-44 Exonerated
Force: Nonlethal restraining device Black Male, 40-44 Exonerated
Force: Physical force Black Male, 40-44 Exonerated
Discourtesy: Word Black Male, 40-44 Unfounded
Abuse of Authority: Threat of force (verbal or physical) Black Male, 40-44 Exonerated
Force: Physical force Black Male, 40-44 Exonerated
additional details
Complaint #202006596, September 2020
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of force (verbal or physical) Black Male, 25-29 Exonerated
additional details
Complaint #201910150, November 2019
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 53 Complainant Unavailable
additional details
Complaint #201905171, June 2019
Allegation Complainant CCRB Conclusion
Force: Chokehold Black Male, 37 Substantiated (Charges)
Force: Restricted Breathing Black Male, 37 Unsubstantiated
APU Case Status: Pending
Penalty: APU - Decision Pending
Documents: Complaint Closing Report
additional details
Complaint #201903504, April 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Forcible Removal to Hospital Male, 41 Complainant Uncooperative
Abuse of Authority: Interference with recording Male, 41 Complainant Uncooperative
additional details
Complaint #201902652, March 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Other Male Victim Unidentified
additional details
Complaint #201901999, February 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Forcible Removal to Hospital Black Male, 50 Exonerated
Force: Physical force Black Male, 50 Exonerated
Discourtesy: Word Black Male, 50 Substantiated (Charges)
Offensive Language: Race Black Male, 50 Unsubstantiated
Force: Chokehold Black Male, 50 Substantiated (Charges)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details
Complaint #201901324, February 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat to notify ACS Hispanic Female, 25 Complainant Uncooperative
additional details
Complaint #201801115, February 2018
Allegation Complainant CCRB Conclusion
Offensive Language: Gender Hispanic Male, 12 Unsubstantiated
Force: Handcuffs too tight Hispanic Male, 12 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201706698, August 2017
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 13 Exonerated
Force: Other Black Male, 13 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Black Male, 13 Substantiated (Formalized Training)
NYPD Conclusion: No Disciplinary Action-DUP
Abuse of Authority: Stop Black Male, 13 Exonerated
Force: Physical force Black Male, 13 Unsubstantiated
Abuse of Authority: Threat of arrest Black Male, 13 Substantiated (Formalized Training)
NYPD Conclusion: Formalized Training
Abuse of Authority: Threat of force (verbal or physical) Black Male, 13 Unsubstantiated
Discourtesy: Action Black Male, 13 Unsubstantiated
Abuse of Authority: Threat of arrest Black Male, 13 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Black Male, 13 Unsubstantiated
Abuse of Authority: Stop Black Male, 13 Substantiated (Formalized Training)
NYPD Conclusion: Formalized Training
Abuse of Authority: Threat of force (verbal or physical) Black Male, 13 Unsubstantiated
Force: Chokehold Black Male, 13 Unsubstantiated
Abuse of Authority: Threat of arrest Male Substantiated (Formalized Training)
NYPD Conclusion: Formalized Training
Abuse of Authority: Retaliatory arrest Black Male, 13 Substantiated (Formalized Training)
NYPD Conclusion: Formalized Training
Abuse of Authority: Stop Male Unsubstantiated
Force: Chokehold Black Male, 13 Unsubstantiated
Penalty: Formalized Training
Documents: Complaint Closing Report
additional details
Complaint #201603532, April 2016
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 30 Exonerated
Force: Other Black Male, 30 Unsubstantiated
Offensive Language: Race Black Male, 30 Unsubstantiated
Discourtesy: Word Black Male, 30 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Black Male, 30 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201504916, June 2015
Allegation Complainant CCRB Conclusion
Offensive Language: Other Black Female, 33 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #201404954, May 2014
Allegation Complainant CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Exonerated
Force: Physical force Hispanic Male, 42 Exonerated
Force: Physical force Hispanic Female, 33 Exonerated
Abuse of Authority: Property damaged Hispanic Male, 42 Exonerated
Documents: Complaint Closing Report
additional details
Complaint #201400407, January 2014
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 17 Substantiated (Command Discipline B)
Force: Chokehold Black Male, 17 Unsubstantiated
Penalty: Command Discipline - B
Documents: Complaint Closing Report
additional details
Complaint #201310430, October 2013
Allegation Complainant CCRB Conclusion
Discourtesy: Word Male, 39 Complainant Uncooperative
Abuse of Authority: Threat of arrest Male, 39 Complainant Uncooperative
additional details
Complaint #201308493, August 2013
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of force (verbal or physical) Black Male, 50 Unsubstantiated
Offensive Language: Ethnicity Black Male, 50 Substantiated (Instructions)
Abuse of Authority: Threat of arrest Black Male, 50 Substantiated (Instructions)
NYPD Conclusion: Command Discipline - B
Penalty: Command Discipline - B / Instructions
additional details
Complaint #201301610, February 2013
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Female, 47 Exonerated
additional details
Complaint #201207470, May 2012
Allegation Complainant CCRB Conclusion
Force: Nightstick as club (incl asp & baton) White Male, 17 Unsubstantiated
Discourtesy: Word White Female, 37 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) White Female, 37 Unsubstantiated
Force: Physical force White Female, 19 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.
'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.


Lawsuits

Named in 6 known lawsuits, $133,848 total settlements.

Smith, Roger vs City of New York, et al.
Case # 033859/2020E, Supreme Court - Bronx, March 11, 2021

Smith, Roger vs City of New York, et al.
Case # 800865/2021E, Supreme Court - Bronx, March 11, 2021, ended August 8, 2022
$50,000 Settlement

Geico General Insurance Company Aso Ferreira, Roberto et al. vs City of New York, et al.
Case # 012875-2019, Civil Court - Queens, April 19, 2019, ended July 21, 2020
$1,348 Settlement

Sow, Mohamed vs City of New York, et al.
Case # 302548/2016, Supreme Court - Bronx, August 15, 2016, ended February 6, 2019
$60,000 Settlement

Stewart, Jafari vs Police Officers Doe, John/jane
Case # 16CV04724, U.S. District Court - Southern District NY, June 22, 2016, ended February 15, 2017
$12,500 Settlement
Complaint
Description: December 28, 2015, at approximately 6:30 PM, Plaintiff Jafari Stewart was outside of his home at 455 Jackson Avenue in the Bronx. He had come outside to pick up his nephew, who was being dropped off by plaintiff's father. At this moment, a police car pulled up and defendant officers exited the vehicle. They said they were issuing a parking ticket to plaintiff's father. Mr. Stewart attempted to explain, in a reasonable fashion and from a distance away, that his father was simply dropping off his nephew. The defendants responded by demanding identification from Mr. Stewart. WHen Stewart asked why his ID was needed, a defendant officer wearing a white shirt said, in sum, “fuck it, take him.” With that, defendants ...

Mitchell, Tobias vs P.O. Rodriquez, John Doe, et al.
Case # 14CV04742, U.S. District Court - Southern District NY, July 3, 2014, ended February 18, 2015
$10,000 Settlement
Complaint, Amended Complaint, Stipulation and Order
Description: On March 22, 2011, Plaintiff was walking on the sidewalk near his home when stopped and illegally searched by Defendant Officer Rodriquez. Plaintiff was taken to the 40th Precinct where he was strip-searched. Plaintiff was ticketed, but it was dismissed at an unspecified date. On March 31, 2011, while at the same location, Plaintiff was similarly stopped, illegally searched and arrested by Defendant Officer Chad Rowe. Plaintiff was again taken to the 40th Precinct, strip-searched and ticketed. The ticket was dismissed at an unspecified date. Plaintiff had the same experience on June 26, 2011 with Defendant Officer Rodriguez. That ticket was dismissed on September 11, 2011. Plaintiff had the same experi...

Other Documents