Redd v. City of Rochester et al, No. 6:2015cv06049 - Document 47 (W.D.N.Y. 2016)
Court Description: ORDER granting in part and denying in part 37 Motion to Compel. Signed by Hon. Jonathan W. Feldman on 09/07/2016. (JKT)
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Redd v. City of Rochester et al Doc. 47 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK RALIEK REDD, Plaintiff, DECISION AND ORDER 15-CV-6049 v. CITY OF ROCHESTER, et al., Defendants. Preliminary Statement Plaintiff brings this 42 U.S.C. against false the County arrest, unlawful of Monroe failure to strip search. and § 1983 civil rights action County intervene, employees, false imprisonment, Plaintiff also brings a alleging that the County has promulgated, alleging and Monell claim, implemented, enforced and/or failed to rectify several policies, practices and customs of strip-searching violations. # plaintiff's charged with misdemeanors or See Amended Complaint (Docket # 14) . 1 Plaintiff (Docket arrestees filed 37) based first interrogatories. the on set Counsel instant motion defendants' of requests for the to failure for defendants compel to discovery respond production to and responded to the ' The action initially was filed against named and unnamed Rochester Police Officers and the City of Rochester. See Notice of Removal (Docket # 1) . The amended complaint added the County, Sheriff, and county corrections officers. Judge Larimer then signed a Stipulation and Order discontinuing the action against all City defendants on February 8, 2016. (Docket# 32). Dockets.Justia.com instant motion, providing responses and/or 40-2). to the (Docket ## 40, 40- requests for production and interrogatories. 1, objections Plaintiff's raised specific arguments by reply brief (Docket # 41), and an additional letter. The Court heard oral The following Order confirms what argument on August 19, 2016. was stated on the record: 1. related Interrogatories to policies, ## 11-19: training, techniques County objections training and materials 15 policies disclosures related the they have turned and 16 ask related to to strip that, over their all such This motion is therefore granted. to Defendant shall have two weeks supplement for indicated documentation to plaintiff. documents procedures have notwithstanding, ## and Defendants Jail. Interrogatories seeks intake and/or booking at conducting strip searches during Monroe Plaintiff for specific strip documents searches of on minors. from the date of this Order to include any searches of policies minors and training during intake and/or booking at the Monroe County Jail. 2. Interrogatory # 21: Plaintiff asks for "all documents setting out policies and procedures of County Defendants and the MCSO with respect to arrestees under the age of 18 years old." This request is granted, and defendants shall have two weeks to supplement their prior submissions. 2 3. Interrogatories regarding MCSO 22-24: ## internal Plaintiff affairs policies seeks and information procedures for reviewing officer conduct and complaints made against officers. This request is Plaintiff denied. does not allege that any internal affairs complaints were filed with the County regarding the facts of this case, and at this point the Court does not see how the internal affairs process is relevant to plaintiff's Monell claim. 4. that Plaintiff requests Interrogatory # 27: set out officer, agent, the number or of employee overtime of the hours MCSO "all documents worked County or by each who was This request present at or involved in the incident sued upon." is denied as plaintiff failed to establish any relevance of such internal documents. 5. Interrogatories plaintiff's counsel ## 28-32: explained to With the these Court that requests, he found references to powerpoint presentations and videos used to train county employees on when and how to authorize and perform strip Plaintiff's request is granted, searches during intake/booking. and defendants have two to weeks provide to training materials, including powerpoint textbooks, and related strip videos to intake/booking process. 3 plaintiff all presentations, searches during the Interrogatory # 33: 6. "identify each employee for conducting an June 26, of the who was improper terminated and/or and/or unlawful strip disciplined search from 2002 to the present and give the date and the identity subject follows: of the search." Disciplinary discoverable in concern Plaintiff requests that defendants (1) § the records This of request is defendants granted are as normally 1983 actions insofar as such prior complaints truth or veracity of the defendant or (2) similar conduct to the type of allegations made in this case namely, unlawful strip searches. 6531, 2012 Chatman v. at *5-6 WL (E.D. (1) personal may be Cal. (AWT), Cox v. Consistent must at *3 (W.D.N.Y. Mar. 28, Felker, No. CIV S-03-2415 JAM KJM P, 3:03CV0943 2008); 1044505, See Simcoe v. Gray, No. 10-CV- Jan. 2008 23, WL McClellan, with past 2009); 2338123, 174 in 2009 WL 173515, Session v. Rodriguez, at Conn. F.R.D. practice 2012) (citing *2 32, this (D. 34 No. June 4, (W.D.N.Y. 1997)). defense counsel Court, speak to his clients to ascertain whether they have any recollections of responsive, and a (2) prior complaint or grievance review the defendants' that personnel files to determine whether any information contained therein is responsive. See Venable v. 4120397, *l Skelly, at No. (W.D.N.Y. 07-CV-6343, Morabito, Sept. 19, No. 2012) (citing 2012 WL 1029492, 4 10-CV-6624, at *l 2012 WL (Edwards (W.D.N.Y. v. Mar. 26, Responsive 2012)) documents would be those documents pertaining to previous allegations or reports of unalwful stripsearches and/or documents reflecting adversely on the truth or veracity of the defendants. The Court directs that defense counsel shall file an affidavit with the Court confirming that a good faith investigation has been conducted into relevant prior reports and disclosing the results of that investigation. Defendants shall produce the documents set forth in this Order within thirty shall return (30) a days from entry of Plaintiff this Order. signed Confidentiality Order to defendants in advance of receiving any personnel files or other confidential information. 7. Document Plaintiff Requests: written or recorded, that arrest, intake booking complaints or and were created as process, investigations requests or to in all materials, the plaintiff's response This thereafter. to any request is clearly relevant and within the scope of discoverable materials and that is therefore all such material Defense responses. affidavit granted. with the Counsel was counsel for turned is defendants has over in his directed to file Court outlining the steps stated discovery a sworn taken to ensure that all existing documents have been collected and turned over to plaintiff. This affidavit shall be filed with the Court no 5 later than thirty (30) days from the date of this Order. Defense counsel stated that video footage of plaintiff's booking was deleted after thirty days as per Monroe County policy. course, defendants Defendants are cannot directed provide to turn what has over any been Of deleted. written record retention schedule and policy that exists within two weeks of this Order. 8. hearing identify alleged Identification: that one which conduct Counsel for plaintiff indicated at the purpose of at the of named issue his discovery defendants in this was demands was involved in the for the Counsel case. to defendant states that the officers do not remember the incident and that it did not occur, and thus cannot identify which named defendant participated in the alleged strip search. To aid plaintiff in appropriately litigating this case, defense counsel is ordered to supply photos of the defendants who were on duty at Monroe County Jail on November 27, 2013, to plaintiff within thirty (30) days of this Order. SO ORDERED. STATES MAGISTRATE JUDGE Dated: September 7, 2016 Rochester, New York 6
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