Hyatt v. Koenigsmann et al

Filing 75

ORDER: As part of the Courts previous Decision and Order, Dkt. No. 68 , Counsel for the Defendants was instructed to provide Chambers with the personnel files for all Defendants for in camera review. In addition, the Decision and Order also direc ted the Defendants to provide a copy of certain IG or OSI investigative reports involving Defendants during a specified period. The personnel files for the Defendants and the investigative reports have now been submitted to the Court. The relevant p ortions of the personnel files are described herein. With regard to the investigative reports, the Court finds that those reports contain information that may be relevant to the Plaintiff's claims or the Defendants' defenses. The Court th erefore directs that the reports be produced in the manner set forth herein. When retrieving the personnel files and the investigative reports, Defendants Counsel shall make a copy of the pages from the personnel files which have been marked by the Court and identified herein. Because corrections officers confidential personal records are not shared directly with inmates, the Court directs that Defendants Counsel secure the noted documents and hold them until such time as an attorney is appoi nted to assist Plaintiff Hyatt. If an attorney is appointed, the disclosure of the documents contents is for the attorneys eyes only. The same procedure applies to the IG and OSI reports, as they reveal sources and investigative techniques and con tain the names of inmates and other corrections officers that are not parties to this proceeding. The Court further directs that the Defendants Counsel to immediately retrieve from the Courts courtroom deputy, Maria Blunt, the personnel files and reports. Signed by Magistrate Judge Daniel J. Stewart on 2/15/17. (served on plaintiff by regular mail)(alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
SHANE HYATT,
Plaintiff,
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Civ. No. 9:15-CV-0089
(DNH/DJS)

DAVID ROCK, et al.,
Defendants.
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APPEARANCES:

OF COUNSEL:

SHANE HYATT
05-A-4430
Plaintiff, Pro Se
Clinton Correctional Facility
P.O. Box 2000
Dannemora, NY 12929
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HON ERIC T. SCHNEIDERMAN
New York Attorney General
Attorney for Defendants
The Capitol
Albany, NY 12224

CHRISTOPHER J. HUMMEL, ESQ.
Ass’t Attorney General

DANIEL J. STEWART
United States Magistrate Judge
ORDER
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As part of the Court’s previous Decision and Order, Dkt. No. 68, Counsel for the Defendants
was instructed to provide Chambers with the personnel files for all Defendants for in camera review.
In addition, the Decision and Order also directed the Defendants to provide a copy of certain IG or
OSI investigative reports involving Defendants during a specified period. The personnel files for
the Defendants and the investigative reports have now been submitted to the Court. The in camera
review of personnel files of Defendants Bickford; LaRocque; Herbert; Rock; Ramsdell; Arquitt;

Greene; Keating; Willett; Ripa; Palmer; Eddy; Mitchell-Oddey; and Fournier disclosed no relevant
information. The in camera review of Defendant Spinner’s and Lamare’s personnel files reflected
certain limited information that may be relevant to Plaintiff’s claims. Those relevant portions are
as follows:
A.

Defendant Spinner
1. Notice of Discipline, dated July 21, 2016 (2 pages).

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B.

Defendant Lamare
1. Memorandum of Suspension, dated January 7, 2016 (1 page).
2. New York State Arrest Report (1 page).
3. Letter from Superintendent Uhler to Assistant Commissioner O’Gorman, dated
January 6, 2016 (1 page).

Next, with regard to the investigative reports, the Court finds that those reports contain
information that may be relevant to the Plaintiff’s claims or the Defendants’ defenses. The Court
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therefore directs that the reports be produced in the manner set forth below.
When retrieving the personnel files and the investigative reports, Defendants’ Counsel shall
make a copy of the pages from the personnel files which have been marked by the Court and
identified above. Because corrections officer’s confidential personal records are not shared directly
with inmates, the Court directs that Defendants’ Counsel secure the noted documents and hold them

S

until such time as an attorney is appointed to assist Plaintiff Hyatt. If an attorney is appointed, the
disclosure of the documents’ contents is for the attorney’s eyes only. The same procedure applies
to the IG and OSI reports, as they reveal sources and investigative techniques and contain the names
of inmates and other corrections officers that are not parties to this proceeding.
The Court further directs that the Defendants’ Counsel to immediately retrieve from the
Court’s courtroom deputy, Maria Blunt, the personnel files and reports. The Clerk of the Court is
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directed to mail a copy of this Order to Plaintiff at his last known address.
IT IS SO ORDERED.
Date: February 15, 2017
Albany, New York

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J
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