Gibbons v. Prindle
| Dylan Gibbons |
| S. Prindle |
| 9:2012cv01605 |
| October 26, 2012 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Clinton |
| Randolph F. Treece |
| Frederick J. Scullin |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
30
DECISION and ORDER: On May 23, 2014, the Court issued a Decision and Order ruling that, inter alia, I would conduct an in camera review of Defendant Prindle's personnel files and the Department of Corrections and Community Supervision Direc tives ## 2111 and 2260. Dkt. No. 28 at p. 4. On June 19, 2014, the Court performed a thorough in camera review of the above- mentioned items. Based upon the review, the Court finds the following: 1) Directive #2260 pertains specifically to correctio nal officers' conduct outside of their employment, whether business or political, and the submission of financial disclosure statements of those deem to be policymakers. In light of the nature of this action, and in the broader context, Di rective #2260 is not relevant nor calculated to lead to admissible evidence, with one exception. Paragraph designated X deals with an employee's duty to report corruption, fraud, and other abuses. Not certain of this paragraph's total relevance to this litigation, it is conceivable that it could lead to admissible evidence. Therefore, Directive #2111 shall be disclosed in redacted form: Only the Caption and Paragraphs I and X shall be disclosed to Gibbons. 2) Directive # 2111 co ncerns the duty to report employee misconduct. Again, not completely certain of its relevance in this litigation, it still may lead to admissible evidence. This Directive shall be disclosed. 3) A review of Prindle's personnel file does not rev eal any relevant information nor impeachment material. Accordingly, Prindle's personnel file will not be disclosed. Based upon the foregoing, it is hereby ORDERED, that Defendant's Counsel retrieve these records from Chambers forthwit h. A copy of the redacted Directive #2260 and a full version of Directive #2111 shall be served upon Gibbons promptly; and it is further ORDERED, that the Clerk of the Court mail a copy of this Decision and Order to Dylan Gibbons at this last known address. Signed by Magistrate Judge Randolph F. Treece on 6/19/2014. (ptm) (Copy served on plaintiff by regular mail to last known address)
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Filing
28
DECISION and ORDER: In sum, Gibbons's 26 Motion to Compel is granted in part and denied in part. Prindle shall file with the Court his personnel file and Directives ## 2111 and 2260 for an in camera review by June 9, 2014. The Clerk of the Court shall mail a copy of this Decision and Order to Dylan Gibbons at his last known address. Signed by Magistrate Judge Randolph F. Treece on 5/23/2014. (ptm) (Copy served on plaintiff by regular mail)
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Filing
19
ORDER: ORDERS that Magistrate Judge Treece's September 18, 2013 18 Report- Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Defendant's 13 motion for partial dismis sal is GRANTED; and Plaintiff's Eighth amendment claim for sexual assault and any state tort claims are DISMISSED, and the Court further ORDERS that Defendant Prindle shall file an answer to Plaintiff's Eighth Amendment claim of excessiv e force within ten (10) days of the date of this Order; and the Court further ORDERS that this matter is referred to Magistrate Judge Treece for all further pretrial matters; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules. Signed by Senior Judge Frederick J. Scullin, Jr on 10/18/2013. (ptm) (Copy served on plaintiff by regular mail)
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| Defendant: S. Prindle | |
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