Barzee v. Abdulla

Background

Saoi Barzee, proceeding without a lawyer, brought this action against Sing Sing C.O. A.M. Abdulla and other defendants. Barzee filed objections to defendants’ discovery responses. The court waived the usual requirement of a conference before filing a discovery motion and treated the parties’ letters as a motion to compel discovery and an opposition.

Rulings on Discovery Requests

- Investigation reports and disciplinary notices: Barzee’s request was granted to the extent that defendants must give him an opportunity to review those materials before April 15, 2025, consistent with defendants’ representation. The request was otherwise denied. - Medical records: The request was denied as moot concerning Barzee’s Department of Corrections and Community Supervision medical records because defendants represented that those records had already been sent to him. The request was granted as unopposed concerning records from Mount Vernon Hospital, and defendants were directed to produce those records when they received them. - Videos, photographs, and manuals concerning Sing Sing Correctional Facility: The request was denied because defendants represented that the requested recordings, procedure materials, and photographs did not exist. - Sing Sing grievances and an unusual incident report: The request was denied because defendants represented that there were no responsive documents. They stated that Barzee had filed no grievances while housed at Sing Sing Correctional Facility and that he had not received a misbehavior report concerning the October 22, 2020 incident. - Upstate Correctional Facility grievance: The request was granted to the extent that defendants must produce the grievance when it comes into their possession, custody, or control.

Outstanding Disputes

The court could not decide, based on the parties’ submissions, two remaining disputes: a request for photographs of defendants’ injuries from the September 10, 2020 incident and a request for the disciplinary-hearing transcript concerning incarcerated individual Paul Ramos. Defendants had withheld those materials based on privacy and institutional-security concerns. The court stated that generalized claims of privacy or institutional-security risks are generally insufficient grounds for withholding responsive discovery.

The court ordered defendants to submit the photographs and transcript for the court’s private review by email no later than April 4, 2025. It also scheduled a telephone conference for April 29, 2025, to resolve those two disputes. The Clerk was directed to mail Barzee a copy of the order.