Thomas J. Smith

Badge #2548, White Male, 53
Sergeant at 66th Precinct since October 2021
Also served at 68th Precinct
Service started July 2004, made $122,000 last year, Tax #935767

Substantiated Allegations:
Force: Physical force (2)
Abuse of Authority: Forcible Removal to Hospital
Abuse of Authority: Stop
Abuse of Authority: Threat of arrest
Discourtesy: Word
Offensive Language: Other

Discipline Cases:

Case: 2020-22454
Closed: 12/8/2021

View Details

Lawsuit Settlements:
$50,000   Khalifa, Refaat vs City of New York, et al., 2015 EDNY EDNY 15CV06611
View Details

Complaints

12 Complaints
40 Allegations
7 Substantiated
2 Substantiated (Charges)
4 Substantiated (Command Discipline A)
1 Substantiated (Command Discipline B)
3 Complainant Unavailable
1 Complainant Uncooperative
4 Exonerated
6 Unable to Determine
10 Unfounded
7 Unsubstantiated
2 Within NYPD Guidelines

Complaint #202408205, August 2024
Allegation: Force: Physical force
Complainant: Male, 45-49
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Improper use of body-worn camera
Complainant: Male, 45-49
CCRB Conclusion: Unable to Determine
additional details

Complaint #202310416, October 2023
Allegation: Abuse of Authority: Threat of arrest
Complainant: Male, 30-34
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Threat of arrest
Complainant: Age 25-29
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Threat of arrest
Complainant: Age 25-29
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Threat of arrest
Complainant: Female, 30-34
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Property damaged
Complainant: Female, 30-34
CCRB Conclusion: Unfounded
additional details

Complaint #202309184, September 2023
Allegation: Force: Physical force
Complainant: Male, 30-34
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Abuse of Authority: Forcible Removal to Hospital
Complainant: Male, 30-34
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Force: Restricted Breathing
Complainant: Male, 30-34
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unable to Determine
Allegation: Force: Physical force
Complainant: Male, 30-34
CCRB Conclusion: Unable to Determine
Allegation: Discourtesy: Word
Complainant: Male, 30-34
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Force: Physical force
Complainant: Male, 30-34
CCRB Conclusion: Unable to Determine
Allegation: Offensive Language: Other
Complainant: Male, 30-34
CCRB Conclusion: Substantiated (Charges)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details

Complaint #201909596, October 2019
Allegation: Abuse of Authority: Threat of arrest
Complainant: Female
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Force: Physical force
Complainant: Female
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Stop
Complainant: Female
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Discourtesy: Action
Complainant: Female
CCRB Conclusion: Unsubstantiated
NYPD Conclusion: Command Discipline - A
Penalty: Command Discipline - A (Vacation: 0.50 days)
Documents: Complaint Closing Report
additional details

Complaint #201700307, January 2017
Allegation: Force: Hit against inanimate object
Complainant: White Male, 30
CCRB Conclusion: Unfounded
Allegation: Force: Physical force
Complainant: White Male, 30
CCRB Conclusion: Exonerated
Allegation: Force: Physical force
Complainant: White Male, 30
CCRB Conclusion: Unfounded
Allegation: Force: Physical force
Complainant: White Male, 30
CCRB Conclusion: Exonerated
Allegation: Force: Other
Complainant: White Male, 30
CCRB Conclusion: Unfounded
additional details

Complaint #201610349, December 2016
Allegation: Force: Chokehold
Complainant: Male, 25
CCRB Conclusion: Complainant Unavailable
Allegation: Abuse of Authority: Threat of arrest
Complainant: Male, 25
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #201406801, June 2014
Allegation: Force: Physical force
Complainant: Male, 27
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #201102151, February 2011
Allegation: Force: Physical force
Complainant: Male, 15
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
Documents: Complaint Closing Report
Complaint Interview Details
additional details

Complaint #201012394, September 2010
Allegation: Force: Physical force
Complainant: White Male, 23
CCRB Conclusion: Unsubstantiated
additional details

Complaint #201002316, February 2010
Allegation: Force: Physical force
Complainant: Female
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200713124, September 2007
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 13
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Hispanic Female, 30
CCRB Conclusion: Exonerated
Allegation: Abuse of Authority: Threat of summons
Complainant: Hispanic Female, 30
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200703114, March 2007
Allegation: Force: Hit against inanimate object
Complainant: White Female, 48
CCRB Conclusion: Unsubstantiated
Allegation: Force: Chokehold
Complainant: White Female, 48
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Refusal to obtain medical treatment
Complainant: White Female, 48
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: White Female, 48
CCRB Conclusion: Exonerated
additional details

Complaint #202408205, August 2024
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 45-49 Unable to Determine
Abuse of Authority: Improper use of body-worn camera Male, 45-49 Unable to Determine
additional details
Complaint #202310416, October 2023
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Male, 30-34 Unfounded
Abuse of Authority: Threat of arrest Age 25-29 Unfounded
Abuse of Authority: Threat of arrest Unfounded
Abuse of Authority: Threat of arrest Age 25-29 Unfounded
Abuse of Authority: Threat of arrest Female, 30-34 Unfounded
Abuse of Authority: Entry of Premises Within NYPD Guidelines
Abuse of Authority: Entry of Premises Within NYPD Guidelines
Abuse of Authority: Property damaged Female, 30-34 Unfounded
additional details
Complaint #202309184, September 2023
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 30-34 Substantiated (Command Discipline B)
Abuse of Authority: Forcible Removal to Hospital Male, 30-34 Substantiated (Command Discipline A)
Force: Restricted Breathing Male, 30-34 Unable to Determine
Abuse of Authority: Entry of Premises Unable to Determine
Force: Physical force Male, 30-34 Unable to Determine
Discourtesy: Word Male, 30-34 Substantiated (Command Discipline A)
Force: Physical force Male, 30-34 Unable to Determine
Offensive Language: Other Male, 30-34 Substantiated (Charges)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details
Complaint #201909596, October 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest Female Substantiated (Command Discipline A)
Force: Physical force Female Unsubstantiated
Abuse of Authority: Stop Female Substantiated (Command Discipline A)
Discourtesy: Action Female Unsubstantiated
NYPD Conclusion: Command Discipline - A
Penalty: Command Discipline - A (Vacation: 0.50 days)
Documents: Complaint Closing Report
additional details
Complaint #201700307, January 2017
Allegation Complainant CCRB Conclusion
Force: Hit against inanimate object White Male, 30 Unfounded
Force: Physical force White Male, 30 Exonerated
Force: Physical force White Male, 30 Unfounded
Force: Physical force White Male, 30 Exonerated
Force: Other White Male, 30 Unfounded
additional details
Complaint #201610349, December 2016
Allegation Complainant CCRB Conclusion
Force: Chokehold Male, 25 Complainant Unavailable
Abuse of Authority: Threat of arrest Male, 25 Complainant Unavailable
additional details
Complaint #201406801, June 2014
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 27 Complainant Unavailable
additional details
Complaint #201102151, February 2011
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 15 Substantiated (Charges)
NYPD Conclusion: No Disciplinary Action-DUP
Penalty: No penalty
Documents: Complaint Closing Report
Complaint Interview Details
additional details
Complaint #201012394, September 2010
Allegation Complainant CCRB Conclusion
Force: Physical force White Male, 23 Unsubstantiated
additional details
Complaint #201002316, February 2010
Allegation Complainant CCRB Conclusion
Force: Physical force Female Complainant Uncooperative
additional details
Complaint #200713124, September 2007
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Male, 13 Unsubstantiated
Force: Physical force Hispanic Female, 30 Exonerated
Abuse of Authority: Threat of summons Hispanic Female, 30 Unsubstantiated
additional details
Complaint #200703114, March 2007
Allegation Complainant CCRB Conclusion
Force: Hit against inanimate object White Female, 48 Unsubstantiated
Force: Chokehold White Female, 48 Unfounded
Abuse of Authority: Refusal to obtain medical treatment White Female, 48 Unsubstantiated
Force: Physical force White Female, 48 Exonerated
additional details

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unable to Determine': The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.
'Within NYPD Guidelines': The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusions.


Discipline

Case: 2020-22454
Closed: 12/8/2021
Case Details:
  1. Failed to activate body-worn camera.
  2. Failed to make required entries in Department logs.
  3. Wrongfully stopped an individual known to the Department.
  4. Wrongfully threatened to arrest an individual known to the Department.
Penalty: A - Command Discipline, forfeiture of time/leave balances, training
Recommendation: Training


Lawsuits

Khalifa, Refaat vs City of New York, et al.
Case # 15CV06611, U.S. District Court - Eastern District NY, November 30, 2015, ended April 25, 2019
$50,000 Settlement
Complaint
Description: Plaintiff was in a minor car accident and after officers arrived at the scene he told them he did not need medical attention. Officer Smith then accused him of being on drugs, assaulted him, and took him to the hospital. Plaintiff was subjected to drug tests, which came back negative, and later released without charges.

Other Documents

Brooklyn DA Disclosure Letter references additional lawsuit 11CV2311