DeBlasio v. Hassan
- Gregory Woods
- 1:19-cv-00851
- U.S. District Court · Southern District of New York
- 3
In DeBlasio v. Hassan, Judge Woods scheduled a telephone conference about defendants’ dismissal request and ordered arrangements for DeBlasio to participate.
Philip E. DeBlasio, the defendants, their counsel, and the officials responsible for arranging DeBlasio’s participation at the Marcy Correctional Facility.
What happened
DeBlasio v. Hassan concerns Philip E. DeBlasio’s claims that Officers Young and Cevallos failed to protect him from an attack and that Dr. Hassan failed to order a timely scan after his injuries. DeBlasio was representing himself.
Defendants asked the court to dismiss the case for failure to prosecute or, alternatively, require DeBlasio to provide properly completed medical-record releases. They said he had not properly completed releases despite repeated requests and an earlier court order.
Judge Gregory H. Woods did not decide the dismissal request in the text provided. Instead, he ordered a telephone conference for November 26, 2019, and directed the correctional facility and counsel to arrange DeBlasio’s participation.
The detailed version
- DeBlasio v. Hassan · No. 1:19-cv-00851
- Gregory Woods
- Nov. 13, 2019
Background
The document states that Philip E. DeBlasio, proceeding without a lawyer, filed claims concerning an alleged December 3, 2018 attack by another inmate. He alleged that Officers Young and Cevallos failed to protect him. He also alleged that Dr. Hassan was medically negligent by not ordering a computed tomography scan as soon as he was injured. The document says DeBlasio alleged a hairline fracture of his septum, two black eyes, a sore jawline, and a broken eye socket.
Defendants’ request
Defendants’ counsel asked the court to dismiss the action for failure to prosecute under Federal Rule of Civil Procedure 41(b). In the alternative, defendants asked the court to order DeBlasio to provide fully completed releases authorizing access to his medical records. Counsel stated that defendants had sent releases several times and that, after the court ordered DeBlasio to sign and return them by September 20, 2019, the releases he returned were still incomplete. Counsel argued that the medical records were important to defending the claims and that further delay would prejudice defendants.
Court action
The text provided does not show a ruling granting or denying the dismissal request or the alternative request for completed releases. Instead, the court ordered a telephone conference for Tuesday, November 26, 2019, at 11:00 a.m. The order directed the warden or other official at the Marcy Correctional Facility to make DeBlasio available to participate, directed counsel to send the order to the facility and arrange the telephone connection, and directed the Clerk of Court to mail a copy to DeBlasio. The order was signed by United States District Judge Gregory H. Woods.
Disposition
No disposition of the requested dismissal or medical-release relief appears in the provided text. The apparent court action is scheduling and logistical relief for the telephone conference.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.