Dwight Smith

Badge #4019, Black Male
Former Sergeant at Investigative Support Division
Service started February 1994, ended May 2014, Tax #907356

Substantiated Allegations:
Abuse of Authority: Strip-searched (2)
Discourtesy: Nasty Words


Lawsuit settlements:
$47,500   Bryant et al v. City of New York et al, EDNY EDNY 11CV05147
$225,000   Hicks et al v. The City of New York et al, EDNY EDNY 06CV02044
$48,500   Fulcher et al v. The City of New York et al, EDNY EDNY 08CV01110
$1,500   James v. City of New York et al, EDNY EDNY 08CV03307
$30,000   Marable v. The City of New York et al, EDNY EDNY 09CV01859
$39,000   Nicholas v. City of New York et al, EDNY EDNY 09CV02111
$40,000   Cain v. The City of New York, SDNY SDNY 10CV00529
$7,000   Ferdinand v. The City of New York et al, SDNY SDNY 07CV08542
View Details

Complaints

13 Complaints
29 Allegations
3 Substantiated
1 Substantiated (Command Discipline)
2 Substantiated (Charges)
12 Exonerated
2 Unfounded
12 Unsubstantiated

Complaint #200919162, December 2009
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 64
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Question
Complainant: Black Male, 64
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200811860, August 2008
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Female, 29
CCRB Conclusion: Exonerated
additional details

Complaint #200805293, April 2008
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200804703, March 2008
Allegation: Discourtesy: Word
Complainant: Black Male, 24
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Action
Complainant: Black Male, 24
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to show search warrant
Complainant: Hispanic Male, 29
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200711011, July 2007
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Male, 30
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Male, 19
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Black Female, 49
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 30
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 30
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200703398, March 2007
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 29
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Black Male, 29
CCRB Conclusion: Unfounded
Allegation: Force: Physical force
Complainant: Black Male, 29
CCRB Conclusion: Unfounded
additional details

Complaint #200606661, May 2006
Allegation: Force: Physical force
Complainant: Black Female, 27
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Male, 27
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Female, 27
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Physical force
Complainant: Black Male, 27
CCRB Conclusion: Exonerated
Penalty: Command Discipline - B
additional details

Complaint #200511525, September 2005
Allegation: Abuse of Authority: Strip-searched
Complainant: Male, 25
CCRB Conclusion: Substantiated (Charges)
Penalty: Command Discipline - A
additional details

Complaint #200505796, May 2005
Allegation: Force: Physical force
Complainant: Hispanic Male, 46
CCRB Conclusion: Exonerated
additional details

Complaint #200505268, May 2005
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Female, 47
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Female, 47
CCRB Conclusion: Exonerated
additional details

Complaint #200503966, March 2005
Allegation: Abuse of Authority: Strip-searched
Complainant: Black Male, 36
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Question and/or stop
Complainant: Black Male, 36
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 36
CCRB Conclusion: Exonerated
additional details

Complaint #9901083, March 1999
Allegation: Discourtesy: Nasty Words
CCRB Conclusion: Substantiated (Command Discipline)
additional details

Complaint #9605631, December 1996
Allegation: Force: Dragged/Pulled
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Arrest/D. A. T.
CCRB Conclusion: Exonerated
additional details

Complaint #200919162, December 2009
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Black Male, 64 Unsubstantiated
Abuse of Authority: Question Black Male, 64 Unsubstantiated
additional details
Complaint #200811860, August 2008
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Black Female, 29 Exonerated
additional details
Complaint #200805293, April 2008
Allegation CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Unsubstantiated
additional details
Complaint #200804703, March 2008
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 24 Unsubstantiated
Discourtesy: Action Black Male, 24 Unsubstantiated
Abuse of Authority: Refusal to show search warrant Hispanic Male, 29 Unsubstantiated
additional details
Complaint #200711011, July 2007
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Black Male, 30 Unsubstantiated
Abuse of Authority: Strip-searched Black Male, 19 Exonerated
Force: Physical force Black Female, 49 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Black Male, 30 Unsubstantiated
Force: Physical force Black Male, 30 Unsubstantiated
additional details
Complaint #200703398, March 2007
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 29 Exonerated
Discourtesy: Word Black Male, 29 Unfounded
Force: Physical force Black Male, 29 Unfounded
additional details
Complaint #200606661, May 2006
Allegation Complainant CCRB Conclusion
Force: Physical force Black Female, 27 Unsubstantiated
Abuse of Authority: Strip-searched Black Male, 27 Exonerated
Abuse of Authority: Strip-searched Black Female, 27 Substantiated (Charges)
Force: Physical force Black Male, 27 Exonerated
Penalty: Command Discipline - B
additional details
Complaint #200511525, September 2005
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Male, 25 Substantiated (Charges)
Penalty: Command Discipline - A
additional details
Complaint #200505796, May 2005
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 46 Exonerated
additional details
Complaint #200505268, May 2005
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Black Female, 47 Unsubstantiated
Abuse of Authority: Strip-searched Black Female, 47 Exonerated
additional details
Complaint #200503966, March 2005
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Black Male, 36 Exonerated
Abuse of Authority: Question and/or stop Black Male, 36 Exonerated
Abuse of Authority: Search (of person) Black Male, 36 Exonerated
additional details
Complaint #9901083, March 1999
Allegation CCRB Conclusion
Discourtesy: Nasty Words Substantiated (Command Discipline)
additional details
Complaint #9605631, December 1996
Allegation CCRB Conclusion
Force: Dragged/Pulled Exonerated
Abuse of Authority: Arrest/D. A. T. 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.

Further details on conclusion definitions.


Discipline

Case: 2010-3385
Opened: 1/20/2011
Closed: 4/18/2012
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 ability was impaired by an intoxicant
  3. Guilty: While off duty refused to submit to a blood alcohol test
  4. Guilty: Unfit for duty
Penalty: Dismissal from the New York City Police Department; however, judgment is suspended and respondent will be placed on dismissal probation for a period of one (1) year. Forfeiture of thirty-five (35) pre-trial suspension days, five (5) vacation days, ordered breath testing.


Lawsuits

Named in 8 known lawsuits, $438,500 total settlements.

Bryant et al v. City of New York et al
Case # 11CV05147, U.S. District Court - Eastern District NY
$47,500 Settlement
Complaint, Stipulation

Hicks et al v. The City of New York et al
Case # 06CV02044, U.S. District Court - Eastern District NY
$225,000 Settlement
Complaint, Stipulation
Description: Defendant officers illegally entered and searched a building where Plaintiffs were gathered. Plaintiffs were illegally strip searched, and held at a precinct for 2 days while officers got a search warrant for the previous locations. Plaintiffs were eventually released without charges, except for one whose charges resulted in dismissal.

Fulcher et al v. The City of New York et al
Case # 08CV01110, U.S. District Court - Eastern District NY
$48,500 Settlement
Complaint

James v. City of New York et al
Case # 08CV03307, U.S. District Court - Eastern District NY
$1,500 Settlement
Stipulation, Complaint
Description: Defendant officers arrested Plaintiff for menacing in the second degree, criminal possession of a weapon in the 4th degree, and being in a dispute over a drug transaction. During the arrest officers stole $152.00 and strip searched the Plaintiff. Plaintiff alleges, stolen property, false arrest, police harassment, and falsifying documents.

Marable v. The City of New York et al
Case # 09CV01859, U.S. District Court - Eastern District NY
$30,000 Settlement
Second Amended Complaint, Complaint
Description: March 6, 2008, near the corner of Albany Street and Sterling Street, Brooklyn , New York , while walking home from the store plaintiff was stopped by one of the defendant officers. One of the defendant officers then began searching plaintiff, placing his hands in plaintiff's pockets. Defendants arrested plaintiff while using excessive force, without cause and falsely charged him with assault, petit larceny, resisting arrest, and harassment.

Nicholas v. City of New York et al
Case # 09CV02111, U.S. District Court - Eastern District NY
$39,000 Settlement
Amended Complaint

Cain v. The City of New York
Case # 10CV00529, U.S. District Court - Southern District NY
$40,000 Settlement
First Amended Complaint, Stipulation

Ferdinand v. The City of New York et al
Case # 07CV08542, U.S. District Court - Southern District NY
$7,000 Settlement
Complaint, Stipulation
Description: Defendant officers falsely arrested Plaintiff and searched his apartment. No specifications on charges in complaint.