Coleman v. County of Suffolk et al

Filing 30

ORDER : See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 11/25/2013. c/ecf (Johnston, Linda)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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PHYLLIS COLEMAN, individually and as
Administratix of the Estate of SANTIA N.
WILLIAMS,
Plaintiffs,

ORDER
CV 12-3509 (DRH)(ARL)

-againstCOUNTY OF SUFFOLK, et al.,
Defendants.
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LINDSAY, Magistrate Judge:
The defendants have submitted of copies of Internal Affairs Bureau files of the following
Suffolk County Police Officers to the court for in camera review: (1) Nicholas Aspromgos, (2)
Valentin Rosado, (3) Luis Ruiz, (4) Miguel Vias, (5) John Brunkard, (6) James O’Callaghan, (7)
Eric Paton, (8) Frank Ortiz, (9) Jason Morge, (10) John McAuley, (11) Sammy Saleh, (12) John
Mercurio, (13) Christopher Verwys, and (14) James Brosco.
“In a civil rights action against police, police internal investigations files are discoverable
when they involve allegations of similar misconduct.” Session v. Rodriguez, No. 3:03CV0943
(AWT), 2008 WL 2338123, at *2 (D. Conn. June 4, 2008); see Gibbs v. City of New York, No.
CV-06-5112 (ILG)(VVP), 2008 WL 314358, at *1 (E.D.N.Y. Feb. 4, 2008) (same). It is “the
prevailing practice” of courts in the Second Circuit “to limit discovery of a defendant’s
disciplinary history to complaints, whether substantiated or not, about conduct similar to the
conduct alleged in the complaint.” Gibbs, 2008 WL 314358, at *1 (collecting cases); see also
Morales v. Town of Glastonbury, Civ. No. 3:09cv713(JCH), 2011 WL 3490080, at *2 (D. Conn.
Aug. 10, 2011) (“courts permit discovery of substantiated, unsubstantiated or even withdrawn
complaints”). Having conducted a comprehensive review of the files submitted in camera, the
court orders production of the following Internal Affairs Bureau files: (1) Jason Morge: IA No.
2007-0636; (2) Jason Morge: IA No. 2008-0105; (3) Sammy Saleh: IA No. 2013-0286i; (4)
Christopher Verwys: IA No. 2004-0225; and (5) Christopher Verwys: IA No. 2006-0168. This
production is subject to the parties’ confidentiality agreement governing the underlying Internal
Affairs Bureau file for this action that was disclosed by defendants.
The defendants are directed to contact the undersigned’s chambers to arrange a time to
retrieve these files.
Dated: Central Islip, New York
November 25, 2013

SO ORDERED:

__________/s________________
ARLENE R. LINDSAY
United States Magistrate Judge