Michael Miller

Badge #2951, White Male
Former Sergeant Detective Squad at 79th Precinct Detective Squad
Also served at 81st Precinct
Service started July 1998, ended November 2020, Tax #921596

Substantiated Allegations:
Force: Nightstick as club (incl asp & baton)
Force: Physical force (2)
Force: Vehicle
Abuse of Authority: Frisk (2)
Abuse of Authority: Premises entered and/or searched
Abuse of Authority: Search (of person)
Abuse of Authority: Stop
Discourtesy: Word

Lawsuit settlements:
$47,000   Braxton, Frontis vs City of New York, et al., 2016 EDNY EDNY 16CV05164
$47,500   Barrington, Benaiah vs P.O. Garner, Ross, et al., 2016 EDNY EDNY 15CV04221
$75,000   Fedee, Diquan vs City of New York, et al., 2015 SDNY SDNY 15CV07893
$37,000   Rivera, Richie, et al. vs City of New York, et al., 2014 EDNY EDNY 14CV05220
$35,000   Shinn, Nizam vs City of New York, et al., 2014 EDNY EDNY 14CV04892
$26,341   Fleury et al v. City Of New York et al, EDNY EDNY 11CV01515
$9,500   Taylor v. City of New York et al, EDNY EDNY 11CV03897
$105,000   Perez et al v. City of New York et al., EDNY EDNY 11CV04620
$1,000   Obee v. New York P.D. 81st Precient, EDNY EDNY 11CV00518
View Details

Complaints

21 Complaints
64 Allegations
10 Substantiated
1 Substantiated (Formalized Training)
9 Substantiated (Charges)
3 Complainant Unavailable
19 Exonerated
1 Miscellaneous - Subject Retired
13 Unfounded
17 Unsubstantiated
1 Victim Unidentified

Complaint #202001962, October 2019
Allegation: Discourtesy: Word
Complainant: Black Male, 25-29
CCRB Conclusion: Miscellaneous - Subject Retired
additional details

Complaint #201706509, August 2017
Allegation: Abuse of Authority: Strip-searched
Complainant: Hispanic Male, 39
CCRB Conclusion: Exonerated
additional details

Complaint #201605169, June 2016
Allegation: Force: Physical force
Complainant: Hispanic Male, 39
CCRB Conclusion: Substantiated (Charges)
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 39
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Hispanic Male, 39
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Hispanic Male, 39
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Male
CCRB Conclusion: Victim Unidentified
NYPD Conclusion: APU Not guilty
APU Case Status: Closed: Not guilty after trial, December 2017
Documents: Complaint Closing Report
additional details

Complaint #201604207, May 2016
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
additional details

Complaint #201506987, August 2015
Allegation: Force: Physical force
Complainant: Black Male, 33
CCRB Conclusion: Exonerated
additional details

Complaint #201504855, June 2015
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 48
CCRB Conclusion: Unfounded
Allegation: Discourtesy: Word
Complainant: Black Male, 48
CCRB Conclusion: Substantiated (Formalized Training)
Penalty: Command Level Instructions
Documents: Complaint Closing Report
additional details

Complaint #201503903, May 2015
Allegation: Force: Physical force
Complainant: Male, 21
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #201409442, September 2014
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 19
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Guilty
Allegation: Force: Physical force
Complainant: Black Male, 19
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 23
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Not guilty
Allegation: Discourtesy: Word
Complainant: Black Male, 23
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Male, 23
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 23
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 19
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Guilty
APU Case Status: Closed: Guilty after trial, May 2017
Penalty: Forfeit vacation 5 days
additional details

Complaint #201208724, July 2012
Allegation: Offensive Language: Race
Complainant: Male, 18
CCRB Conclusion: Unsubstantiated
Allegation: Force: Chokehold
Complainant: Male, 18
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Male, 18
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Search (of person)
Complainant: Male, 18
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: Male, 18
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Stop
Complainant: Male
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Frisk
Complainant: Male
CCRB Conclusion: Exonerated
additional details

Complaint #201015205, October 2010
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 37
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 37
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 37
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 37
CCRB Conclusion: Exonerated
Penalty: Instructions
additional details

Complaint #200710769, June 2007
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 32
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200612843, September 2006
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Male, 23
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200606449, May 2006
Allegation: Discourtesy: Word
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: Abuse of Authority: Search (of person)
Complainant: Black Male, 22
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: Black Male, 19
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Question and/or stop
Complainant: Black Male, 22
CCRB Conclusion: Exonerated
additional details

Complaint #200606390, May 2006
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 20
CCRB Conclusion: Unsubstantiated
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: Black Male, 18
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Vehicle
Complainant: Black Male, 20
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Physical force
Complainant: Black Male, 18
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
additional details

Complaint #200606234, May 2006
Allegation: Abuse of Authority: Question and/or stop
Complainant: Black Male, 19
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 19
CCRB Conclusion: Exonerated
additional details

Complaint #200602600, February 2006
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
additional details

Complaint #200505739, May 2005
Allegation: Force: Physical force
Complainant: Hispanic Male, 36
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Question and/or stop
Complainant: Hispanic Male, 36
CCRB Conclusion: Exonerated
additional details

Complaint #200502960, February 2005
Allegation: Offensive Language: Race
Complainant: Male
CCRB Conclusion: Unfounded
Allegation: Force: Gun Pointed
Complainant: Black Male, 48
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Black Male, 48
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Black Female, 40
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Threat to notify ACS
CCRB Conclusion: Unfounded
Allegation: Force: Physical force
Complainant: Male
CCRB Conclusion: Unfounded
Allegation: Force: Gun Pointed
Complainant: Male
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Threat of arrest
Complainant: Black Male, 48
CCRB Conclusion: Unfounded
Allegation: Force: Pepper spray
Complainant: Black Female, 40
CCRB Conclusion: Exonerated
Allegation: Offensive Language: Sexual orientation
Complainant: Black Male, 48
CCRB Conclusion: Unfounded
additional details

Complaint #200406126, June 2004
Allegation: Discourtesy: Word
Complainant: Black Male, 32
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Other
Complainant: Black Male, 32
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200301813, March 2003
Allegation: Force: Other
Complainant: Male
CCRB Conclusion: Complainant Unavailable
Allegation: Discourtesy: Demeanor/tone
Complainant: Male
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #200107628, November 2001
Allegation: Force: Hit against inanimate object
Complainant: Black Male, 30
CCRB Conclusion: Unfounded
Allegation: Discourtesy: Word
Complainant: Black Male, 30
CCRB Conclusion: Unsubstantiated
additional details

Complaint #202001962, October 2019
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 25-29 Miscellaneous - Subject Retired
additional details
Complaint #201706509, August 2017
Allegation Complainant CCRB Conclusion
Abuse of Authority: Strip-searched Hispanic Male, 39 Exonerated
additional details
Complaint #201605169, June 2016
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 39 Substantiated (Charges)
Discourtesy: Word Hispanic Male, 39 Unsubstantiated
Force: Physical force Hispanic Male, 39 Unsubstantiated
Force: Physical force Hispanic Male, 39 Exonerated
Discourtesy: Word Male Victim Unidentified
NYPD Conclusion: APU Not guilty
APU Case Status: Closed: Not guilty after trial, December 2017
Documents: Complaint Closing Report
additional details
Complaint #201604207, May 2016
Allegation CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Exonerated
additional details
Complaint #201506987, August 2015
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 33 Exonerated
additional details
Complaint #201504855, June 2015
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Black Male, 48 Unfounded
Discourtesy: Word Black Male, 48 Substantiated (Formalized Training)
Penalty: Command Level Instructions
Documents: Complaint Closing Report
additional details
Complaint #201503903, May 2015
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 21 Complainant Unavailable
additional details
Complaint #201409442, September 2014
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 19 Substantiated (Charges)
NYPD Conclusion: APU Guilty
Force: Physical force Black Male, 19 Unsubstantiated
Abuse of Authority: Frisk Black Male, 23 Substantiated (Charges)
NYPD Conclusion: APU Not guilty
Discourtesy: Word Black Male, 23 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Black Male, 23 Unsubstantiated
Force: Physical force Black Male, 23 Unsubstantiated
Force: Physical force Black Male, 19 Unsubstantiated
Abuse of Authority: Premises entered and/or searched Substantiated (Charges)
NYPD Conclusion: APU Guilty
APU Case Status: Closed: Guilty after trial, May 2017
Penalty: Forfeit vacation 5 days
additional details
Complaint #201208724, July 2012
Allegation Complainant CCRB Conclusion
Offensive Language: Race Male, 18 Unsubstantiated
Force: Chokehold Male, 18 Unsubstantiated
Force: Physical force Male, 18 Unsubstantiated
Abuse of Authority: Search (of person) Male, 18 Unsubstantiated
Abuse of Authority: Frisk Male, 18 Exonerated
Abuse of Authority: Stop Male Exonerated
Abuse of Authority: Frisk Male Exonerated
additional details
Complaint #201015205, October 2010
Allegation Complainant CCRB Conclusion
Abuse of Authority: Search (of person) Black Male, 37 Substantiated (Charges)
Abuse of Authority: Frisk Black Male, 37 Substantiated (Charges)
Abuse of Authority: Vehicle stop Black Male, 37 Exonerated
Abuse of Authority: Vehicle search Black Male, 37 Exonerated
Penalty: Instructions
additional details
Complaint #200710769, June 2007
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search Black Male, 32 Unsubstantiated
additional details
Complaint #200612843, September 2006
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name/shield number Black Male, 23 Unsubstantiated
additional details
Complaint #200606449, May 2006
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 22 Unfounded
Abuse of Authority: Threat of force (verbal or physical) Black Male, 22 Unfounded
Abuse of Authority: Search (of person) Black Male, 22 Exonerated
Force: Physical force Black Male, 19 Exonerated
Abuse of Authority: Question and/or stop Black Male, 22 Exonerated
additional details
Complaint #200606390, May 2006
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle stop Black Male, 20 Unsubstantiated
Force: Nightstick as club (incl asp & baton) Black Male, 18 Substantiated (Charges)
Force: Vehicle Black Male, 20 Substantiated (Charges)
Force: Physical force Black Male, 18 Substantiated (Charges)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
additional details
Complaint #200606234, May 2006
Allegation Complainant CCRB Conclusion
Abuse of Authority: Question and/or stop Black Male, 19 Exonerated
Abuse of Authority: Frisk Black Male, 19 Exonerated
additional details
Complaint #200602600, February 2006
Allegation CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Exonerated
additional details
Complaint #200505739, May 2005
Allegation Complainant CCRB Conclusion
Force: Physical force Hispanic Male, 36 Unfounded
Abuse of Authority: Question and/or stop Hispanic Male, 36 Exonerated
additional details
Complaint #200502960, February 2005
Allegation Complainant CCRB Conclusion
Offensive Language: Race Male Unfounded
Force: Gun Pointed Black Male, 48 Exonerated
Discourtesy: Word Black Male, 48 Unfounded
Abuse of Authority: Premises entered and/or searched Exonerated
Discourtesy: Word Black Female, 40 Unfounded
Abuse of Authority: Threat to notify ACS Unfounded
Force: Physical force Male Unfounded
Force: Gun Pointed Male Unfounded
Abuse of Authority: Threat of arrest Black Male, 48 Unfounded
Force: Pepper spray Black Female, 40 Exonerated
Offensive Language: Sexual orientation Black Male, 48 Unfounded
additional details
Complaint #200406126, June 2004
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 32 Unsubstantiated
Abuse of Authority: Other Black Male, 32 Unsubstantiated
additional details
Complaint #200301813, March 2003
Allegation Complainant CCRB Conclusion
Force: Other Male Complainant Unavailable
Discourtesy: Demeanor/tone Male Complainant Unavailable
additional details
Complaint #200107628, November 2001
Allegation Complainant CCRB Conclusion
Force: Hit against inanimate object Black Male, 30 Unfounded
Discourtesy: Word Black Male, 30 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.

Further details on conclusion definitions.


Lawsuits

Named in 16 known lawsuits, $383,341 total settlements.

Woodley, Macliff vs City of New York, et al.
Case # 521822/2019, Supreme Court - Kings, January 9, 2020

Blount, Mack vs City of New York, et al.
Case # 026143/2018E, Supreme Court - Bronx, September 21, 2018

Braxton, Frontis vs City of New York, et al.
Case # 16CV05164, U.S. District Court - Eastern District NY, October 4, 2016, ended January 26, 2018
$47,000 Settlement
Complaint
Description: As Plaintiff was exiting a liquor store, Plainclothes officers stopped him, handcuffed him, put in a police car, and came back 20 minutes later to say they found a gun in a bag they believe belonged to the Plaintiff. Plaintiff was brought to a precinct, shoved and injured by and officer, and charged with Possession of a Weapon. Plaintiff testified before a Grand Jury who returned a No True Bill.

Barrington, Benaiah vs P.O. Garner, Ross, et al.
Case # 15CV04221, U.S. District Court - Eastern District NY, October 3, 2016, ended January 23, 2017
$47,500 Settlement
Complaint
Description: Plaintiff was at his home when he heard a loud bang and saw four people running down the stairs. Plaintiff then heard people screaming, thinking somebody might get injured. Plaintiff went to his neighbor's house and check on the neighbor when realizing that he walked into a robbery scene. When the robber pointed to the plaintiff requesting him to retreat with a gun, plaintiff retreated and then heard NYPD coming. He opened the door for the officers when defendant officer mistaken plaintiff to be involved with the robbery and arrested plaintiff and brought him to the 81st precinct. Plaintiff was charged with robbery in the first degree, burglary in the first degree, and criminal possession of firearm where all c...

Mack, Aljarmeek vs City of New York, et al.
Case # 16CV00967, U.S. District Court - Eastern District NY, March 7, 2016, ended May 31, 2017
Order/Judgment (Verdict)
Complaint, Amended Complaint
Description: Plaintiff walked into a bodega, grabbed a juice, and knowing the store owner asked if he could have it "on credit" and the owner said yes. Plaintiff then left and was tackled by Lt. Fischer, assaulted, and brought to the 81st Precinct and then the hospital. Plaintiff was charged with assaulting the 2nd and 3rd degree, resisting arrest, OGA, and harassment, which were all later dismissed.

Fedee, Diquan vs City of New York, et al.
Case # 15CV07893, U.S. District Court - Southern District NY, December 21, 2015, ended May 20, 2016
$75,000 Settlement
Complaint, Amended Complaint
Description: Plaintiff was walking on the street when approached by 4 police officers, one held his wrist and grabbed him by the throat. Also called him "nigger" and punched him in the face. His book bag was unlawfully searched, he was arrested, taken to the 81st Precinct, and charged with Dis Con and Resisting Arrest, which were later dismissed.

Martin, Marques vs City of New York, et al.
Case # 15CV02268, U.S. District Court - Eastern District NY, April 27, 2015, ended April 25, 2016
Zero Disposition
Complaint
Description: Plaintiff was tackled to the ground on the street by Defendant Detectives in relation to a shooting. Although victim stated twice that Plaintiff was not the perpetrator, he was charged with the crime and sent to Rikers, where he was eventually released on 180.80

Virgil, Chaka vs City of New York, et al.
Case # 502374/2015, Supreme Court - Kings, March 4, 2015

Virgil, Chaka vs City of New York, et al.
Case # 15CV00279, U.S. District Court - Eastern District NY, January 20, 2015, ended April 15, 2015
Zero Disposition
Complaint

Rivera, Richie, et al. vs City of New York, et al.
Case # 14CV05220, U.S. District Court - Eastern District NY, September 16, 2014, ended October 26, 2015
$37,000 Settlement
Complaint, Complaint & Stipulation
Description: On October 26, 2013, Plaintiffs Richie, Carmen, and Dennis Rivera, and Enrique Castillo were all involved in an act of police excessive force in their apartment complex to effect a false arrest after an unlawful stop and search by numerous NYPD police officers in King's County. While the complaint does not specifically enumerate each count, the complaint indicates the presence of malicious prosecution for false statements made after the arrest to substantiate the arrests, abuse of process, unlawful stop and search, excessive force, and false arrest.

Shinn, Nizam vs City of New York, et al.
Case # 14CV04892, U.S. District Court - Eastern District NY, August 18, 2014, ended March 12, 2015
$35,000 Settlement
Complaint, Complaint & Stipulation
Description: On January 26, 2012, plaintiff was lawfully present at an apartment on Patchen Avenue, Brooklyn, NY, which was rented by Virgil, a friend and colleague of plaintiff. Plaintiff was at the apartment to do work with his friend. Plaintiff's children were with him, who went to bed that evening in a bedroom. Late at night, plaintiff got tired and went to sleep in the same room as his children. Plaintiff was woken in the early hours of January 27 by police officers. At that time no one else was in the apartment. When police asked if he lived there, plaintiff said he did not. Plaintiff was handcuffed and along with his kids, taken to a station house. The kids were released to their mother, and plaintiff was taken to Ce...

Fleury et al v. City Of New York et al
Case # 11CV01515, U.S. District Court - Eastern District NY
$26,341 Settlement
Amended Complaint

Taylor v. City of New York et al
Case # 11CV03897, U.S. District Court - Eastern District NY
$9,500 Settlement
Complaint & Stipulation

Perez et al v. City of New York et al.
Case # 11CV04620, U.S. District Court - Eastern District NY
$105,000 Settlement
Second Amended Complaint, Stipulation, Stipulation
Description: Officer's grabbed and removed Plaintiff from a lounge, assaulted him, brought him to the 81st Precinct, and then the hospital for the injuries he sustained. Charged with Resisting Arrest and Dis Con, later ACD'ed. When Plaintiff 1's cousin arrived to inquire about him at the precinct that night, he was assaulted by Defendant Miller, while Kwok, Blackmon, nor Rankin intervened. Plaintiff 2 charged with Obstructing Governmental administration in the Second Degree, Disorderly Conduct and Resisting Arrest

Obee v. New York P.D. 81st Precient
Case # 11CV00518, U.S. District Court - Eastern District NY
$1,000 Settlement
Amended Complaint

Virgil et al v. The City Of New York City et al
Case # 15CV00279, U.S. District Court - Southern District NY
Dismissed without Prejudice
Complaint

Other Documents