Substantiated Allegations:
Abuse of Authority: Forcible Removal to Hospital
Abuse of Authority: Forcible Removal to Hospital
Miguel J. Vivas
Badge #3748,
Hispanic Male
Sergeant at 69th Precinct since January 2023
Service
started July 2013,
made $133,000 last year,
Tax #955642
Discipline Cases:
Case: 2022-26548
Closed: 11/3/2022
Case: 2022-26714
Closed: 10/10/2022
View Details
Lawsuit settlements:
$7,500 Gregory, Jose R. vs City of New York, et al., 2017 KCSC KCSC 517139/2017
View Details
$7,500 Gregory, Jose R. vs City of New York, et al., 2017 KCSC KCSC 517139/2017
View Details
Complaints
4
Complaints
6
Allegations
1
Substantiated
1
Substantiated (Command Discipline A)
2
Closed - Pending Litigation
1
Exonerated
2
Within NYPD Guidelines
Complaint #202202999,
May 2022
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Black Male, 21-24 |
| CCRB Conclusion: | Closed - Pending Litigation |
| Allegation: | Abuse of Authority: Refusal to provide name |
| Complainant: | Black Male, 21-24 |
| CCRB Conclusion: | Closed - Pending Litigation |
Complaint #202105636,
September 2021
additional details
| Allegation: | Abuse of Authority: Other |
|---|---|
| Complainant: | Black Female, 35-39 |
| CCRB Conclusion: | Within NYPD Guidelines |
| Allegation: | Force: Physical force |
| Complainant: | Black Female, 35-39 |
| CCRB Conclusion: | Within NYPD Guidelines |
Complaint #202102131,
March 2021
additional details
| Allegation: | Abuse of Authority: Forcible Removal to Hospital |
|---|---|
| Complainant: | Black Male, 35-39 |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Penalty: | Command Discipline - A |
Complaint #201706773,
August 2017
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Black Male, 25 |
| CCRB Conclusion: | Exonerated |
| Documents: | Complaint Closing Report |
| Complaint #202202999, May 2022 | ||
|---|---|---|
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Black Male, 21-24 | Closed - Pending Litigation |
| Abuse of Authority: Refusal to provide name | Black Male, 21-24 | Closed - Pending Litigation |
| additional details | ||
| Complaint #202105636, September 2021 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Other | Black Female, 35-39 | Within NYPD Guidelines |
| Force: Physical force | Black Female, 35-39 | Within NYPD Guidelines |
| additional details | ||
| Complaint #202102131, March 2021 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Forcible Removal to Hospital | Black Male, 35-39 | Substantiated (Command Discipline A) |
| Penalty: Command Discipline - A | ||
| additional details | ||
| Complaint #201706773, August 2017 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Black Male, 25 | Exonerated |
| Documents: | Complaint Closing Report | |
| 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.
'Within NYPD Guidelines': The alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
Further details on conclusion definitions.
Discipline
Case: 2022-26548
Closed: 11/3/2022
Case Details:
- Pleaded Guilty: Failed to supervise. Failed to conduct an investigation. failed to make proper notifications. made or caused to be made false or inaccurate entries in Department records..
Penalty: Vacation days (25 days)
Case: 2022-26714
Closed: 10/10/2022
Case Details:
- Wrongful removal to a hospital.
Penalty: A - Command Discipline
Recommendation: Command Discipline - A
Lawsuits
Named in 4 known lawsuits, $7,500 total settlements.Thomas, Kenniel vs City of New York, et al.
Case # 804624/2023E, Supreme Court - Bronx, April 20, 2023
Sibert, Lloyd vs City of New York, et al.
Case # 802036/2022E, Supreme Court - Bronx, February 9, 2022
Sibert, Lloyd vs City of New York, et al.
Case # 531100/2022, Supreme Court - Kings, February 9, 2022
Complaint
Description: On September 1, 2020, Plaintiff was inside his apartment when he was aggressively approached by police officers Jordan Gambino, Yuri Enorme, Michael Sannella, Miguel Vivas, Frankie Tong, and Rosemary Gallardo, as well as 10 unnamed officers. The officers violently grabbed and contorted plaintiff's arms behind his back and applied metal handcuffs to his wrists in an excessively tight fashion. Plaintiff was unlawfully targeted for arrest because of his race, religion or ethnicity.
Gregory, Jose R. vs City of New York, et al.
Case # 517139/2017, Supreme Court - Kings, September 11, 2017, ended July 2, 2019
$7,500 Settlement