Brown v. Signorella et al

Filing 32

DECISION & ORDER granting 23 Motion to Compel. By no later than 8/8/2016, defendants are directed to produce a copy of the log books of both the facility infirmary and the field house for the night of October 17, 2013. Signed by Hon. Marian W. Payson on 7/19/2016. Copy of Decision & Order sent by First Class Mail to plaintiff Tyreen Brown on 7/19/2016. (KAH)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________________
TYREEN BROWN,
DECISION & ORDER
Plaintiff,
14-CV-6139W
v.
SIGNORELLA, Sergeant, Elmira Correctional
Facility, et al.,
Defendants.
_______________________________________

Plaintiff Tyreen Brown (“Brown”), acting pro se, filed a complaint asserting
claims under 42 U.S.C. § 1983, against defendant Signorella, a sergeant employed by the New
York State Department of Corrections and Community Supervision (“DOCCS”), and an
unnamed DOCCS correctional officer, both of whom were employed at Elmira Correctional
Facility. (Docket # 15). Brown’s complaint alleges that on that October 17, 2003, a fight
occurred between inmates in the prison field house, following which he was escorted by
defendant Signorella and the unknown officer to the facility infirmary. (Id.). He claims that the
two defendants beat him during the elevator ride to the infirmary, causing him serious injury.
(Id.).
Currently pending before this Court is Brown’s motion for an order compelling
defendant to provide him information to enable him to identify the unnamed corrections officer.
(Docket # 23). Although this Court’s scheduling order required defendants to provide plaintiff
the names of “all persons who were present at, witnessed, or investigated the events from which
plaintiff’s claim arose” (Docket # 19), counsel for defendants maintains that the records relating

to the field house fight do not identify “a corrections officer who allegedly escorted [plaintiff]
onto an elevator to the infirmary.” (Docket # 26 at ¶ 6). Counsel also represents that he has
requested the Elmira Correctional Facility to provide any records that may assist with the
identification. (Id. at ¶ 7). The docket does not reflect that any records identifying the alleged
escorting officer have since been produced, and Brown’s subsequent filings suggest that he is
still trying to identify the officer. (See Docket ## 27-29).
In these submissions, Brown seeks the names of all corrections officers who
worked in the field house of the Elmira Correctional Facility the night of October 17, 2013.
(Docket # 27 at 2). Brown also seeks production of a copy of the facility infirmary log book,
including information identifying which corrections officer signed the log book with defendant
Signorella on the night of October 17, 2013, and a copy of the field house log book for that night.
(Id.).
Clearly, Brown is entitled to records to assist him in identifying the officer who
allegedly assaulted him in the elevator on the way to the infirmary on October 17, 2013. Indeed,
defendants’ counsel does not oppose the motion, but promises to try to obtain the information to
identify the alleged officer. Because the record is unclear as to whether defendants have
searched for the specific records requested by Brown, I order that defendants do so. Specifically,
by no later than August 8, 2016, defendants are directed to produce a copy of the log books of
both the facility infirmary and the field house for the night of October 17,

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2013. Defendants are also directed to make available for Brown’s inspection photographs and
names of the corrections officers whose signatures appear in the log books for that night.
Accordingly, Brown’s motion to compel (Docket # 23) is GRANTED.
IT IS SO ORDERED.

s/Marian W. Payson
MARIAN W. PAYSON
United States Magistrate Judge
Dated: Rochester, New York
July 19, 2016

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