UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
January 15, 1986
MARY LENIHAN, Plaintiff, against THE CITY OF NEW YORK, et al., Defendants
The opinion of the court was delivered by: CONNER
CONNER, D., J.:
In an Opinion and Order dated December 16, 1985, and amended on December 19, 1985, familiarity with which is presumed, I concluded that defendants discriminated against plaintiff on the basis of her sex, and violated her due process rights. However, I denied plaintiff's request that I order defendants to purge "all documents, memos or comments relating to the psychological review and evaluations and results thereof conducted since 1978."
By letter dated December 19, 1985, plaintiff has requested reconsideration of my decision to the extent that I denied plaintiff's request that her records be expunged. Plaintiff's motion for reconsideration is granted. Having considered plaintiff's request and defendants' response thereto, my Opinion and Order is supplemented as follows:
Defendant New York City Police Department is ordered to include in plaintiff's personnel file copies of the trial testimony of Dr. Naomi Goldstein and the Court's December 16, 1985 Opinion and Order as amended. The Court made clear in its Opinion and Order that the defendants' ultimate determination to survey plaintiff on psychiatric grounds was tainted by discriminatory intent. However, the Opinion also expresses the Court's view that some of the psychological and psychiatric reports in plaintiff's file may tend to show the existence of a personality disorder. Therefore, although the reports may have limited probative value, the defendants should not be foreclosed from considering them.
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