Michael Avery

Badge #101, White Male
Former Detective Grade 3 at Narcotics Borough Queens South
Also served at 75th Precinct, 114th Precinct, Narcotics Borough Queens North
Service started January 2005, ended November 2015, Tax #936158

Substantiated Allegations:
Force: Chokehold
Force: Nightstick as club (incl asp & baton)
Force: Other

Lawsuit settlements:
$850,000   Tsiatis, Joanne vs City of New York, et al., 2014 SDNY SDNY 14CV08726
View Details

Complaints

5 Complaints
22 Allegations
3 Substantiated
3 Substantiated (Charges)
10 Complainant Uncooperative
1 Exonerated
1 Unfounded
7 Unsubstantiated

Complaint #201406305, June 2014
Allegation: Abuse of Authority: Vehicle search
Complainant: White Male, 23
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: White Male, 23
CCRB Conclusion: Unsubstantiated
Allegation: Force: Nightstick as club (incl asp & baton)
Complainant: White Male, 23
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Chokehold
Complainant: White Male, 23
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Gun Pointed
Complainant: White Male, 23
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: White Female, 68
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: White Male, 58
CCRB Conclusion: Unsubstantiated
Allegation: Force: Gun Pointed
Complainant: White Male, 23
CCRB Conclusion: Unfounded
Allegation: Discourtesy: Word
Complainant: White Male, 44
CCRB Conclusion: Unsubstantiated
Allegation: Force: Other
Complainant: White Male, 23
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Closed: Retired
APU Case Status: Closed: Retired, December 2015
Documents: Complaint Closing Report
additional details

Complaint #201211440, September 2012
Allegation: Discourtesy: Word
Complainant: White Male, 33
CCRB Conclusion: Complainant Uncooperative
Allegation: Discourtesy: Action
Complainant: White Male, 33
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: White Male, 33
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Stop
Complainant: White Male, 33
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Threat of arrest
Complainant: White Male, 33
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201014275, October 2010
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 23
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Strip-searched
Complainant: Hispanic Male, 23
CCRB Conclusion: Unsubstantiated
additional details

Complaint #200705930, April 2007
Allegation: Force: Hit against inanimate object
Complainant: Male, 23
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Strip-searched
Complainant: Male, 23
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Vehicle search
Complainant: Male, 23
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Search (of person)
Complainant: Male
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #200515370, December 2005
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201406305, June 2014
Allegation Complainant CCRB Conclusion
Abuse of Authority: Vehicle search White Male, 23 Unsubstantiated
Force: Physical force White Male, 23 Unsubstantiated
Force: Nightstick as club (incl asp & baton) White Male, 23 Substantiated (Charges)
Force: Chokehold White Male, 23 Substantiated (Charges)
Force: Gun Pointed White Male, 23 Exonerated
Discourtesy: Word White Female, 68 Unsubstantiated
Discourtesy: Word White Male, 58 Unsubstantiated
Force: Gun Pointed White Male, 23 Unfounded
Discourtesy: Word White Male, 44 Unsubstantiated
Force: Other White Male, 23 Substantiated (Charges)
NYPD Conclusion: APU Closed: Retired
APU Case Status: Closed: Retired, December 2015
Documents: Complaint Closing Report
additional details
Complaint #201211440, September 2012
Allegation Complainant CCRB Conclusion
Discourtesy: Word White Male, 33 Complainant Uncooperative
Discourtesy: Action White Male, 33 Complainant Uncooperative
Abuse of Authority: Refusal to provide name/shield number White Male, 33 Complainant Uncooperative
Abuse of Authority: Stop White Male, 33 Complainant Uncooperative
Abuse of Authority: Threat of arrest White Male, 33 Complainant Uncooperative
additional details
Complaint #201014275, October 2010
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Male, 23 Unsubstantiated
Abuse of Authority: Strip-searched Hispanic Male, 23 Unsubstantiated
additional details
Complaint #200705930, April 2007
Allegation Complainant CCRB Conclusion
Force: Hit against inanimate object Male, 23 Complainant Uncooperative
Abuse of Authority: Strip-searched Male, 23 Complainant Uncooperative
Abuse of Authority: Vehicle search Male, 23 Complainant Uncooperative
Abuse of Authority: Search (of person) Male Complainant Uncooperative
additional details
Complaint #200515370, December 2005
Allegation CCRB Conclusion
Abuse of Authority: Premises entered and/or searched Complainant 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.
'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

Tsiatis, Joanne vs City of New York, et al.
Case # 14CV08726, U.S. District Court - Southern District NY, November 3, 2014, ended September 18, 2015
$850,000 Settlement
Complaint
Description: On January 4, 2014, Plaintiff heard noise outside of her residence in Fresh Meadows and observed her nephew being arrested by plain clothes officers, three of whom were Defendants Detective Avery, Detective DiMeglio and Sergeant Fiorello. Defendants ordered Plaintiff to come downstairs to the first floor in her pajamas, during a time when she was recovering from a double mastectomy and bilateral breast reconstructive surgery. Defendants were searching the premises where Plaintiff's brother's family resides, and plaintiff inquired if they had a warrant. Defendant replied that she had no business there and to go back upstairs, with expletives. Plaintiff said her question was valid and that she was going to call h...