Ferrer v. Racette et al

Filing 104

ORDER: An in camera review of Plaintiff's mental health records reflected three entries that relate to the sole issue identified by the Court as relevant, namely Plaintiff's complaints of staff treatment during the general time period of S eptember of 2011. The Court has redacted the entries (dated August 31, 2011, September 14, 2011, and October 25, 2011) so that only the Plaintiff's specific report is disclosed. Plaintiff's Counsel is directed to retrieve the complete mental health records as well as the redacted copies of the relevant entries, and shall immediately provide the redacted copies to the Counsel for the remaining Defendants. Signed by Magistrate Judge Daniel J. Stewart on 11/4/16. (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
RODNEY FERRER,
Plaintiff,
-v-

Civ. No. 9:14-CV-1370
(GTS/DJS)

STEVEN RACETTE, et al.,
Defendants.

APPEARANCES:

OF COUNSEL:

OFFICE OF JESSICA M. GORMAN
Attorney for Plaintiff
74 Chapel Street, 2d Floor
Albany, New York 12207

JESSICA M. GORMAN, ESQ.

HON. ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
Attorney for Defendants Racette, Kelly,
Goodman, Waite, and Jenkins
The Capitol
Albany, New York 12224

CATHY Y. SHEEHAN, ESQ.
ORIANA L. CARRAVETTA, ESQ.
Assistant Attorney Generals

LAMARCHE, SAFRANKO LAW FIRM
Attorney for Defendant Fraizer
1539 Crescent Road
P.O. Box 5437
Clifton Park, New York 12065

ANDREW R. SAFRANKO, ESQ.

HARRIS, CONWAY LAW FIRM
Attorney for Defendant Livermore
The Patroon Building
5 Clinton Square
Albany, New York 12207

RYAN T. DONOVAN, ESQ.

LIPPES MATHIAS WEXLER FRIEDMAN LLP
Attorney for Defendants and Counter Claimants
Beecher, Burch, and McClenning
54 State Street, Suite 1001

JEFFREY P. MANS, ESQ.

Albany, New York 12207
DANIEL J. STEWART
United States Magistrate Judge
ORDER
As part of the Court’s prior Decision & Order, dated September 19, 2016, Dkt. No. 92,
Counsel for the Plaintiff was instructed to obtain and to provide to Chambers the mental health
records for Mr. Ferrer from August 15, 2011 through November 15, 2011. On or about October
13, 2016, the requested mental health records, ranging approximately fifty pages, were provided
to the Court. An in camera review of Plaintiff’s mental health records reflected three entries
that relate to the sole issue identified by the Court as relevant, namely Plaintiff’s complaints of
staff treatment during the general time period of September of 2011. The Court has redacted
the entries (dated August 31, 2011, September 14, 2011, and October 25, 2011) so that only the
Plaintiff’s specific report is disclosed. Plaintiff’s Counsel is directed to retrieve the complete
mental health records as well as the redacted copies of the relevant entries, and shall
immediately provide the redacted copies to the Counsel for the remaining Defendants.
IT IS SO ORDERED.
Date: November 4, 2016
Albany, New York