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S.D.N.Y.Procedural orderFiled Mar. 8, 2021

DeVincenzi v. The City of New York

Judge
Vernon Broderick
Docket
1:19-cv-06012
Court
U.S. District Court · Southern District of New York
Pages
2
DiscoveryCivil Procedure
In one sentence

In DeVincenzi v. City of New York, Judge Broderick ordered defendants to produce certain post-incident disciplinary summaries about Defendant Rivera.

Who this affects

The order directly affects Sara DeVincenzi and the defendants, requiring the defendants to provide DeVincenzi with specified disciplinary-record summaries concerning Defendant Rivera.

What happened

In DeVincenzi v. The City of New York, the court considered disciplinary-record summaries concerning Defendant Rivera and a July 8, 2016 incident.

The court had previously required defendants to provide summaries of similar allegations from before that incident and to submit withheld summaries for private court review. The court reviewed the withheld materials.

Judge Vernon S. Broderick ordered defendants to produce summaries of Rivera’s disciplinary records involving similar allegations that occurred after July 8, 2016, by March 22, 2021.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
DeVincenzi v. The City of New York · No. 1:19-cv-06012
Judge
Vernon Broderick
Date
Mar. 8, 2021

Background

The court had previously directed Defendants to produce Plaintiff Sara DeVincenzi with summaries from the IAB, CPI, and CCRB of Defendant Rivera’s disciplinary history. The summaries were to concern allegations similar in nature to the complaint and to predate the July 8, 2016 incident by ten years. The court also directed Defendants to submit any withheld summaries for the court’s private review, known as in-camera review.

The court reviewed the withheld disciplinary summaries. It cited decisions stating that events after a disputed incident may be relevant to the participants’ intent and to patterns of institutional or individual behavior. It also cited authority finding that later misconduct complaints may be relevant when the complaints were made, or the underlying allegations occurred, after the incident at issue.

Ruling

The court ordered Defendants to produce to Plaintiff, by March 22, 2021, summaries of Defendant Rivera’s disciplinary records containing allegations similar in nature to the complaint that postdated the July 8, 2016 incident. The opinion does not state the contents of the summaries or identify the specific allegations involved.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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