Robert J. Agate

Badge #3869, White Male
Sergeant at Special Victims Division Zone 3 since June 2023, active
Service started July 2006, made $168,000 last year, Tax #941317

Lawsuit settlements:
$37,001   Miranda, Wendy vs City of New York, et al., 2016 EDNY EDNY 16CV04933
$17,500   Anderson, Elijah vs City of New York, et al., 2016 EDNY EDNY 16CV00150
$20,000   Bacchus, Kenneth vs City of New York, et al., 2015 EDNY EDNY 15CV04264
$32,503   John, Adrian, et al. vs Demaio, Matthew -Police Department, Nyc, et al., 2015 EDNY EDNY 15CV06094
$175,000   French, Willie vs City of New York, et al., 2014 EDNY EDNY 14CV02922
$750,000   French, Steven vs City of New York, et al., 2014 KCSC KCSC 006252/2014
View Details

Complaints

5 Complaints
14 Allegations
0 Substantiated
3 Alleged Victim Uncooperative
3 Exonerated
8 Unsubstantiated

Complaint #201400323, January 2014
Allegation: Discourtesy: Word
Complainant: Black Male, 36
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 36
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 36
CCRB Conclusion: Exonerated
additional details

Complaint #201105550, April 2011
Allegation: Force: Physical force
Complainant: Black Male, 19
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201007184, May 2010
Allegation: Force: Physical force
Complainant: Black Male, 44
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 44
CCRB Conclusion: Unsubstantiated
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: Black Male, 44
CCRB Conclusion: Unsubstantiated
Documents: Complaint Closing Report
additional details

Complaint #200903146, March 2009
Allegation: Force: Physical force
Complainant: Black Female, 16
CCRB Conclusion: Exonerated
additional details

Complaint #200716592, November 2007
Allegation: Force: Physical force
Complainant: Male
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Abuse of Authority: Stop
Complainant: Male
CCRB Conclusion: Alleged Victim Uncooperative
Allegation: Discourtesy: Word
Complainant: Black Female, 34
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Female, 34
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Black Female, 16
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Male
CCRB Conclusion: Alleged Victim Uncooperative
additional details

Complaint #201400323, January 2014
Allegation Complainant CCRB Conclusion
Discourtesy: Word Black Male, 36 Unsubstantiated
Abuse of Authority: Stop Black Male, 36 Exonerated
Abuse of Authority: Vehicle search Black Male, 36 Exonerated
additional details
Complaint #201105550, April 2011
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 19 Unsubstantiated
additional details
Complaint #201007184, May 2010
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 44 Unsubstantiated
Abuse of Authority: Stop Black Male, 44 Unsubstantiated
Force: Nightstick as club (incl asp & baton) Black Male, 44 Unsubstantiated
Documents: Complaint Closing Report
additional details
Complaint #200903146, March 2009
Allegation Complainant CCRB Conclusion
Force: Physical force Black Female, 16 Exonerated
additional details
Complaint #200716592, November 2007
Allegation Complainant CCRB Conclusion
Force: Physical force Male Alleged Victim Uncooperative
Abuse of Authority: Stop Male Alleged Victim Uncooperative
Discourtesy: Word Black Female, 34 Unsubstantiated
Abuse of Authority: Refusal to provide name/shield number Black Female, 34 Unsubstantiated
Abuse of Authority: Threat of force (verbal or physical) Black Female, 16 Unsubstantiated
Discourtesy: Word Male Alleged Victim Uncooperative
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.
'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 7 known lawsuits, $1,032,004 total settlements.

Miranda, Wendy vs City of New York, et al.
Case # 16CV04933, U.S. District Court - Eastern District NY, September 22, 2016, ended July 21, 2017
$37,001 Settlement
Complaint
Description: On May 15, 2015, plaintiff was lawfully participating in the filming of a music video. A large number of officers arrived on the scene, and many indviduals ran, discarding contraband and weapons. Officers recovered a gun from under plaintiff's parked car, but she was nowhere near her car and officers knew that. Yet, officers still arrested her and placed handcuffs are her more tighly and violently than was necessary or proper. She repeatedly told them it was too tight, but officers refused to remove. The handcuffs causes her bruises and scrapes and pain moving her wrist for two weeks. Plaintiff was taken to the precinct and interrogated for 10 hours without being read her Miranda rights. She was held for 22 hou...

Anderson, Elijah vs City of New York, et al.
Case # 16CV00150, U.S. District Court - Eastern District NY, January 14, 2016, ended February 9, 2017
$17,500 Settlement
Complaint, Amended Complaint, Second Amended Complaint
Description: Defendant officers approached Plaintiff while he was outside his residence, asked him is he knew someone that lived with Plaintiff. Officers made Plaintiff take them to his apartment, forcibly entered it, searched it, and arrested Plaintiff and the other individual. Plaintiff was taken to the 75th precinct and charged with unlawful possession of marijuana, which was ACD'd. Officers then obtained a warrant and seized property inside Plaintiffs apartment.

Bacchus, Kenneth vs City of New York, et al.
Case # 15CV04264, U.S. District Court - Eastern District NY, November 18, 2015, ended May 31, 2017
$20,000 Settlement
Complaint, Amended Complaint, Amended Complaint
Description: Plaintiff was having a barbeque in his gated backyard when he saw officers at the gate. The officers left but then returned and Plaintiff asked them to leave and went into his home. The officers then opened the chained gate, banged on plaintiff's door, and slammed him to the ground when he opened it. Plaintiff was taken to the 75th precinct and charged with OGA, resisting arrest, and dis con, which were later dismissed as facially insufficient.

John, Adrian, et al. vs Demaio, Matthew -Police Department, Nyc, et al.
Case # 15CV06094, U.S. District Court - Eastern District NY, October 23, 2015, ended April 27, 2016
$32,503 Settlement
Complaint
Description: Plaintiffs were having a barbeque in their front yard when defendant officers showed up, harassed them, then assaulted two of the Plaintiffs, one of which was pregnant. When another Plaintiff began recording he was slammed and handcuffed as well. Plaintiffs were brought to the 75th Precinct, where Plaintiff 1 was charged with OGA, Plaintiff 2 was charged with OGA, resisting arrest, and harassment, and Plaintiff 3 was charged with Dis Con. Plaintiff 1's case was dismissed and the other 2 ACD'd.

French, Willie vs City of New York, et al.
Case # 14CV02922, U.S. District Court - Eastern District NY, May 15, 2014, ended March 31, 2016
$175,000 Settlement
Complaint, Amended Complaint
Description: On August 24, 2013, plaintiff Willie French was in Brooklyn, NYC when defendant police officers trespassed, searched, invaded, and violated plaintiff's civil rights, and he sustained severe pain and injuries. Plaintiff was deprived of his civil rights and falsely imprisoned.

French, Steven vs City of New York, et al.
Case # 006252/2014, Supreme Court - Kings, April 29, 2014, ended December 11, 2017
$750,000 Settlement

Jenkins, Norman vs Police Department, Nyc, et al.
Case # 13CV03405, U.S. District Court - Southern District NY, August 13, 2013, ended December 9, 2015
Order/Judgment (Verdict)
Complaint
Description: On May 22, 2010, the plaintiff was present in the vicinity of a NYCHA housing project when defendant P.O.s Victor Charles, Ramiro Ruiz, Robert Agate and John and Jane Does No. 1-5 approached him, struck him in the back of his head and beat him while he was on the ground resulting in a concussion and other severe injuries. The plaintiff was then arrested without probable cause and brought to the precinct. He was subsequently charged with three counts of felony assault, one count of resisting arrest, one count of criminal possession of a controlled substance in the fifth degree, one count of criminal possession of marijuana and one count of criminal trespass. The charges were later dismissed.