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Man Sued NYPD and Hospital Then Agreed To Settle But Lien Still In Place So Still Not Paid

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, June 28 – Felipe F. Vivar sued the NYPD and New York Presbyterian Hospital alleging mistreatment as a gay disabled male, the theft of money and physical abuse.

Now the case appears poised for settlement - for a total of $28,000.    

On May 5, U.S. District Court for the Southern District of New York Judge Vernon S. Broderick held a proceeding. Inner City Press covered it.  

 The hospital defendant said it would pay, but only in exchange for a commitment not to publicize.

 Judge Broderick patiently explained the proposal to Vivar, who then asked, So we're going to mediation? No, this was mediation, or felt like it.  

 The defendants said they will sent settlement papers to Vivar and Judge Broderick, and would reconvene on May 25.

They did, and Inner City Press again covered it. The break-down is $3000 from the City, and $8,333.33 each from Self Help Community Services, NY Presbyterian Hospital and Gracie Square defendants. Strangely, despite this being a public proceeding, they are requiring Vivar to never speak about the terms of the settlement.

On January 3, 2022, however, yet another proceeding in the case was held, and Inner City Press again covered it. Vivar has still not been paid, with a lack of medical releases blamed. Judge Broderick tried to solve it, and set another conference.

On June 27, Judge Broderick held another conference and Inner City Press again covered it. Vivar has still not been paid. Defense counsel ex parte said it is due to an outstanding lien. Another conference was set for August 29 at 3:30 pm.

The case is Vivar v. NYC Police Department et al., 18-cv-5987 (Broderick)

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