Tyson v. Melendez

Filing 24

ORDER denying 18 Motion for Video Recording. Signed by Judge Victor A. Bolden on 07/28/2015. (LaPre, E.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

ARLUNZA TYSON,
Plaintiff,
v.
MELENDEZ,
Defendant.

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CASE NO. 3:14-cv-1795 (VAB)

RULING AND ORDER
Plaintiff, Arlunza Tyson, has filed a motion “for the document for the video recording in
support to of [sic] a motion for this case.” ECF No. 18 at 1. This case concerns an alleged
incident of excessive force on March 6, 2014 at Northern Correctional Institution. Mr. Tyson
states that he seeks the video recording to support his opposition to a motion filed by the
defendant. See id. He also states that he would like the Court to view the recording. The
defendant opposes the motion, stating that production of the video recording would raise prison
security concerns, that review of the video is not relevant or necessary to resolve any issue
currently pending before the court, and that Mr. Tyson has not made a proper discovery request
for the video. The Court agrees with the defendant.
Currently there are no motions pending in this case that would require the Court to view a
video recording of the underlying incident. Thus, it is inappropriate for the Court to view the
recording at this time. See United States v. Christy, 883 F.Supp.2d 1040, 1055 (D.N.M. 2012)
(“American federal courts are not independent, free-standing investigative entities.”).
If Mr. Tyson wishes to view the video recording, he may serve a discovery request on
defendant’s counsel. Seeking a court order to produce a copy of the video tape for viewing
before making a proper discovery request is premature.

Finally, the defendant has identified legitimate security concerns that would arise if Mr.
Tyson were permitted to retain a copy of the video recording. Absent a compelling reason to do
so, the Court likely will not order that Mr. Tyson be permitted to retain a copy of the video
recording.
Mr. Tyson’s motion [Doc. #18] is DENIED without prejudice.

SO ORDERED this twenty-eighth day of July 2015, at Bridgeport, Connecticut.

/s/ Victor A. Bolden___________________
VICTOR A. BOLDEN
UNITED STATES DISTRICT JUDGE

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