Heggs v. City of New York

Background

The provided document is a February 12, 2021 letter from counsel for Milan Heggs to Judge Ronnie Abrams. The letter asks the court either to compel the defendants to produce discovery or to schedule an informal conference about unresolved discovery disputes. It states that fact discovery was scheduled to end on March 26, 2021, and that no depositions had yet occurred.

The letter describes Heggs as a paraplegic who was detained at Rikers Island and who used a wheelchair. It alleges that he was cleared to walk, that his wheelchair was confiscated, and that he was moved to an upper tier requiring him to use stairs. It further alleges that he fell repeatedly, was denied access to his wheelchair for three years, and was assaulted by two correction officers in 2018. The letter says the complaint asserts claims under the Americans with Disabilities Act and the Fourth and Fourteenth Amendments to the U.S. Constitution.

Discovery Disputes

The letter identifies five categories of requested discovery:

1. Disciplinary files: Heggs sought disciplinary records for the named defendants. The letter says the defendants limited production based on the time period, whether complaints were substantiated, and whether the records concerned misconduct involving inmates with mobility disabilities. Heggs argued that the records should be produced regardless of their age, subject matter, or disposition.

2. Facility-construction documents: Heggs sought plans, blueprints, drawings, and construction-contract documents concerning toilets, cells, and showers at facilities where he was housed. The letter argues that these materials concern accessibility and alleged remedial measures.

3. Inmate accessibility complaints: Heggs sought written complaints or demands concerning access to urinary catheters or wheelchair-accessible toilets or showers made by people held at Rikers Island from October 2014 onward. The letter says the defendants objected that searching for the records would be burdensome but did not explain how the records were stored or searchable.

4. Training materials: Heggs sought information and documents about officer training on compliance with the Americans with Disabilities Act and disability accommodations. The letter says the defendants had agreed to produce responsive materials but had not done so by the date of the letter.

5. Americans with Disabilities Act compliance reports: Heggs sought compliance reports submitted by the City, the Department of Correction, or New York City Health and Hospitals Corporation to the U.S. Attorney’s Office for the Southern District of New York or another law-enforcement or regulatory agency. The defendants reportedly withheld semiannual reports based on their timing and possible privacy interests involving nonparties. The letter argues that an existing protective order addressed privacy concerns and that post-incident conduct was discoverable.

Disposition

The provided text contains the plaintiff’s request and arguments, not a judicial decision resolving the discovery disputes. It does not state that the court granted, denied, or otherwise ruled on the request. It also references a separate order referring the case to Magistrate Judge Netburn for pretrial matters, but the separate order itself is not included.