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Vasquez v. Suffolk County Government

United States District Court, Eastern District of New York

April 20, 2015

JOSE VASQUEZ, Plaintiff,
v.
SUFFOLK COUNTY GOVERNMENT, POLICE OFFICER DAVID MASON, DOMINICK BARBARO and P.O. SEAN RAIL, Defendants.

MEMORANDUM AND ORDER

ANNE Y. SHIELDS UNITED STATES MAGISTRATE JUDGE.

This is a civil rights action commenced by Plaintiff Jose Vasquez against the County of Suffolk and three individually named Suffolk County Police Officers. The case seeks redress for injuries alleged to have been sustained after an encounter between Plaintiff and the named police officers that took place at Plaintiff s Huntington residence on or about August 15, 2010 (the Incident”). A review of the file reveals that the defendant officer named as “Police Officer David Mason, ” is meant to refer to Police Officer David Alaimo (“Officer Alaimo”).

Presently before the court is a discovery dispute involving Plaintiffs requests for: (1) authorization to obtain Officer Alaimo’s full medical records; (2) a “draft” of an Internal Affairs Bureau report concerning the Incident; (3) information identifying witnesses and (4) “anything required to be disclosed prior to trial pursuant to Rule 26.” The courts considers each request below.

Medical Records

Plaintiff seeks fully executed medical release forms allowing him to obtain all of Officer Alaimo’s medical records from his:

• physical therapist,
• personal physician,
• treatment received in Huntington Hospital,
• treatment received from stand up MRI of Lynbrook,
• treatment received from Dr. Joseph Crimi,
• “any other medical treatment that PO Alaimo received as a consequence of the incident, ” and
• an injured employee report filed by Officer Alaimo’s supervisor.

Plaintiffs request for medical authorizations seeks the production of confidential medical records. Such production will be allowed only if Officer Alaimo has somehow waived the privilege by putting his medical condition at issue in this matter. Plaintiff argues that such waiver has occurred because Office Alaimo states that he was assaulted and physically injured as a result of the altercation with Plaintiff It should be noted that Officer Alaimo makes no claim for personal injury against Plaintiff in this matter.

Officer Alaimo’s statement regarding an altercation with Plaintiff is insufficient to have put his entire medical condition at issue so as to require the extensive production of medical records Plaintiff seeks. Recognizing that any physical altercation that took place during the Incident may be relevant to Plaintiffs claims, and in the spirit of compromise, Defendants have agreed to provide Plaintiff with copies of all medical records of treatment for injuries which Officer Alaimo sustained during the Incident. Thus, Defendants have provided copies of records of Officer Alaimo’s treating physician. Defendants have also obtained, and will forward to Plaintiff, ...


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