It appears that the defendants have since produced the Use of Force Report, but that they have refused to produce the Internal Affairs file on the ground of privilege, and that they have also refused to produce the training videos and training materials. On October 25, 2010, the plaintiff served a notice of discovery and inspection seeking, inter alia, training videos and training materials relating to the Department's use of force and use of chemical mace for the three-year period prior to May 11, 2008. On September 11, 2009, the defendants produced Officer Michaelis for deposition. Among those was a demand for discovery and inspection seeking, inter alia, all reports and documents, including the Use of Force Report and the Internal Affairs file prepared by the Department in connection with the incident. The plaintiff contends that the officers had a duty of care, both to Lepore and to those who might come into contact with him, to accompany Lepore to the hospital and that had they not breached their duty she would not have suffered the injuries which followed.įollowing joinder of issue, on December 3, 2008, the plaintiff served a series of disclosure requests on the defendants. The officers did not take Lepore into custody but instead caused him to be transported by ambulance to the hospital where the assault took place. Catherine of Siena Hospital and Medical Center in Smithtown, New York.Īccording to the plaintiff, earlier that evening officers of the Suffolk County Police Department ('the Department') responded to the report of an altercation at Lepore's residence in Ronkonkoma, New York and, when the officers observed Lepore behaving in a 'belligerent, combative, and highly agitated manner,' Police Officer William Michaelis sprayed Lepore in the face with chemical mace. on when she was assaulted by Joseph Lepore during the course of her employment as a nurse at St. This is an action to recover damages for personal injuries allegedly sustained by the plaintiff at approximately 10:15 p.m. Upon the following papers numbered 1 to 34 read upon this motion to compel disclosure: Notice of Motion and supporting papers, 1 - 24 Answering Affidavits and supporting papers, 25 - 32 Replying Affidavits and supporting papers, 33 - 34.

Hulse, Esq.Īttorney for Third-Party Defendant Joseph LePore: This opinion is uncorrected and will not be published in the printed Official Reports.Ĭounty of Suffolk, Suffolk County Police Department, Defendants.Īttorney for Plaintiff: Jeffrey B. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

Motion to compel discovery new york