Witharana v. People of New York et al

Filing 17

ORDER granting 11 , 16 Motion to Compel. Plaintiff is warned that failure to comply with this order could result in the imposition of sanctions against him, including a fine or dismissal of his claims. Defendant Detective Hugh Dorsey's time to answer or otherwise respond to the complaint is extended to 45 days after plaintiff provides properly executed releases. Ordered by Magistrate Judge Marilyn D. Go on 8/19/2013. (Proujansky, Josh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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PASAN WITHARANA,
Plaintiff,
- against -

ORDER

HUGH DORSEY (NYPD Detective),

CV 2013 3102 (ENV)(MDG)

Defendant.
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By letter dated August 16, 2013, Tavish C. Deatley of the Office
of the Corporation Counsel of the City of New York moves to compel
plaintiff to provide executed releases pursuant to New York Criminal
Procedure Law § 160.50 and medical releases.

Plaintiff opposes the

motion and argues that he has "already submitted all the necessary
documents."
This Court previously directed plaintiff to execute and return
releases for arrest records and medical records that the Corporation
Counsel's office had sent.

See electronic order dated 7/9/13.

This

Court had ordered plaintiff to provide the signed releases because,
as explained by ACC Deatley by letter dated July 9, 2013, defendant
needed to obtain the documents sought by the releases in order to
investigate the claims made in the complaint and to be able to answer
the complaint.

See ct. doc. 9.

Plaintiff has not done so, and the

records he has provided are not sufficient.
Under Criminal Procedure Law § 160.50, records relating to an
"action [that] has been terminated in favor of the accused . . . shall
be sealed."

C.P.L. § 160.50.

Since the charges against plaintiff

that give rise to his false arrest and excessive force allegations

were dismissed pursuant to Article 730 of the New York Criminal
Procedure Law after he was found unfit to proceed due to mental
disease or defect, the City requires a release to access plaintiff's
arrest, prosecution and criminal court files.

In addition, plaintiff

claims that he was wrongfully committed to Creedmor Psychiatric
Center.

Therefore, plaintiff's medical and psychiatric records are

also relevant to his claims in this case.

Although plaintiff has

produced some records pertaining to his arrest, prosecution and
confinement at Creedmor, other records apparently remain outstanding.
For the foregoing reasons, the Corporation Counsel's motion to
compel is granted.

See Hyer v. City of N.Y., 2006 WL 2053195, at *2

(S.D.N.Y. 2006) (ordering plaintiff to execute section 160.50 release
within 10 days or claims would be dismissed).

Plaintiff is warned

that failure to comply with this order could result in the imposition
of sanctions against him, including a fine or dismissal of his
claims.
Defendant Detective Hugh Dorsey's time to answer or otherwise
respond to the complaint is extended to 45 days after plaintiff
provides properly executed releases.
SO ORDERED.
Dated: Brooklyn, New York
August 19, 2013
/s/___________________________
MARILYN D. GO
UNITED STATES MAGISTRATE JUDGE

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