Michael Mcavoy

Badge #15100, White Male
Former Police Officer at 120th Precinct
Service started July 2007, ended May 2018, Tax #944785

Substantiated Allegations:
Force: Physical force

Lawsuit settlements:
$40,000   Pinero, Carmen vs City of New York, et al., 2016 EDNY EDNY 16CV05890
$190,000   Vitalone, Alfred vs City of New York, et al., 2015 SDNY SDNY 15CV08525
$15,000   Degroat, John vs City of New York, et al., 2014 EDNY EDNY 14CV03991
$155,000   Champagne et al v. City of New York et al, EDNY EDNY 11CV05644
View Details

Complaints

5 Complaints
12 Allegations
1 Substantiated
1 Substantiated (Command Discipline B)
3 Alleged Victim Uncooperative
2 Exonerated
5 Unfounded
1 Unsubstantiated

Complaint #201605675, June 2016
Allegation: Force: Physical force
Complainant: Hispanic Female, 36
CCRB Conclusion: Exonerated
Allegation: Force: Other
Complainant: Hispanic Female, 36
CCRB Conclusion: Unfounded
Allegation: Force: Chokehold
Complainant: Hispanic Female, 36
CCRB Conclusion: Unfounded
additional details

Complaint #201500557, January 2015
Allegation: Force: Physical force
Complainant: Black Male, 18
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Discourtesy: Word
Complainant: Black Male, 18
CCRB Conclusion: Unfounded
Penalty: Command Discipline - B
Documents: Complaint Closing Report
additional details

Complaint #201405079, May 2014
Allegation: Force: Physical force
Complainant: Black Male, 16
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201012343, September 2010
Allegation: Force: Physical force
Complainant: Black Male, 22
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Abuse of Authority: Refusal to obtain medical treatment
Complainant: Black Male, 22
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Force: Pepper spray
Complainant: Black Female, 21
CCRB Conclusion: Alleged Victim Uncooperative
additional details

Complaint #200816860, November 2008
Allegation: Force: Physical force
Complainant: Male, 25
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Male, 25
CCRB Conclusion: Unfounded
Allegation: Force: Handcuffs too tight
Complainant: Male, 25
CCRB Conclusion: Unfounded
additional details

Complaint #201605675, June 2016
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Female, 36 Exonerated
Force: Other Hispanic Female, 36 Unfounded
Force: Chokehold Hispanic Female, 36 Unfounded
additional details
Complaint #201500557, January 2015
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 18 Substantiated (Command Discipline B)
Discourtesy: Word Black Male, 18 Unfounded
Penalty: Command Discipline - B
Documents: Complaint Closing Report
additional details
Complaint #201405079, May 2014
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 16 Unsubstantiated
additional details
Complaint #201012343, September 2010
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 22 Alleged Victim Uncooperative
Abuse of Authority: Refusal to obtain medical treatment Black Male, 22 Alleged Victim Uncooperative
Force: Pepper spray Black Female, 21 Alleged Victim Uncooperative
additional details
Complaint #200816860, November 2008
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 25 Exonerated
Discourtesy: Word Male, 25 Unfounded
Force: Handcuffs too tight Male, 25 Unfounded
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.

Further details on conclusion definitions.


Lawsuits

Named in 4 known lawsuits, $400,000 total settlements.

Pinero, Carmen vs City of New York, et al.
Case # 16CV05890, U.S. District Court - Eastern District NY, December 20, 2016, ended February 14, 2019
$40,000 Settlement
Complaint
Description: Defendant Officers unlawfully entered plaintiff's apartment with guns drawn and participated in needlessly beating plaintiff. Plaintiff was sent in an ambulance from her home to the hospital where she was released without any charges being filed against her.

Vitalone, Alfred vs City of New York, et al.
Case # 15CV08525, U.S. District Court - Southern District NY, November 2, 2015, ended December 14, 2018
$190,000 Settlement
Complaint, Amended Complaint
Description: Defendant Officers approached, accosted, assaulted, and falsely arrested Plaintiff. Plaintiff was given a DAT which was later dismissed and sealed.

Degroat, John vs City of New York, et al.
Case # 14CV03991, U.S. District Court - Eastern District NY, July 14, 2014, ended June 4, 2015
$15,000 Settlement
Complaint
Description: On July 20, 2012, John Degroat was unlawfully stopped and searched in a Staten Island apartment building in which he was legally present given that he was visiting his aunt, a resident of the apartment. Police officers Vincent Agile, Michael McAvoy, and 2 others unnamed in the complaint, acting on the orders of Sergeant Mark Paquette, falsely arrested Plaintiff in an abuse of process which would later result in malicious prosecution after false statements were given by the police. Further, Plaintiff alleges failure to intervene, and a violation of equal protection rights.

Champagne et al v. City of New York et al
Case # 11CV05644, U.S. District Court - Eastern District NY
$155,000 Settlement
Amended Complaint, Stipulation