DeVincenzi v. The City of New York
This text of DeVincenzi v. The City of New York (DeVincenzi v. The City of New York) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED . SOUTHERN DISTRICT OF NEW YORK Bae enn X DOC #: DATE FILED: __3/8/2021 SARA DEVINCENZI, : Plaintiff, : -against- : 19-CV-6012 (VSB) THE CITY OF NEW YORK, et al., : ORDER Defendants. : wane
VERNON S. BRODERICK, United States District Judge: Previously, I directed Defendants to produce to Plaintiff IAB, CPI, and CCRB summaries of Defendant Rivera’s disciplinary history that contain allegations similar in nature to the complaint that pre-date the July 8, 2016 incident by ten years. (Doc. 58.) I directed that any summaries of Defendant Rivera’s disciplinary records that were withheld from Plaintiff should be produced to the Court for in camera review. This Court has reviewed the withheld disciplinary summaries. “Events after a disputed incident often shed light both on the intent of participants, and on institutional or individual patterns of behavior. Depending on the precise circumstances involved, such post-incident occurrences can be highly relevant.” Malsh v. New York City Police Dep’t, No. 92CIV.2973(KTD)(AJP), 1995 WL 217507, at *2 (S.D.N.Y. Apr. 11, 1995) (quoting Montalvo v. Hutchinson, 837 F. Supp. 576, 581 (S.D.N.Y. 1993)); see also Walls v. City of New York, No. 19CIV337RPKVMS, 2020 WL 6899996, at *4 (E.D.N.Y. Nov. 24, 2020) (“Courts have found misconduct complaints relevant where they were made or underlying allegations occurred after the contested incident.”) (collecting cases). Defendants therefore are directed to
produce to Plaintiff IAB, CPI, and CCRB summaries of Defendant Rivera’s disciplinary history that contain allegations similar in nature to the complaint that post-date the July 8, 2016 incident. Accordingly, it is hereby: ORDERED that, by March 22, 2021, Defendants produce to Plaintiff summaries of Defendant Rivera’s disciplinary records that contain allegations similar in nature to the complaint that post-date the July 8, 2016 incident. SO ORDERED.
Dated: March 8, 2021 ff New York, New York ly □ f Vernon 8S. Broderick United States District Judge
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