Jaime v. Cannon
- Lewis Liman
- 1:20-cv-10098
- U.S. District Court · Southern District of New York
- 2
In Jaime v. Cannon, Judge Liman granted defendants’ motion to compel medical releases and warned that noncompliance could lead to sanctions, including dismissal.
Luis Jaime must provide properly executed medical releases by February 4, 2022; the defendants may use them to obtain records for treatment related to the alleged incident.
What happened
Luis Jaime sued Correction Officer Cannon and other correctional officers, alleging that they used excessive force against him while he was a pretrial detainee at Rikers Island. He alleges bruising, swelling, pain, and continuing physical therapy, and seeks money damages.
The defendants asked the court to require Jaime to sign medical releases so they could obtain records for treatment related to the incident. At an earlier conference, Jaime’s counsel did not object to providing the releases but requested more time. Jaime did not oppose the motion.
Judge Lewis J. Liman granted the motion to compel. He ordered Jaime to provide properly signed releases by February 4, 2022, and warned that failing to comply could result in sanctions, including dismissal of the complaint.
The detailed version
- Jaime v. Cannon · No. 1:20-cv-10098
- Lewis Liman
- Jan. 24, 2022
Background
Luis Jaime brought an excessive-force claim against Correction Officer Cannon and two other correctional officers. The complaint alleges that Jaime was a pretrial detainee housed at Rikers Island when the incident occurred. Jaime alleges bruising, swelling, pain and suffering, and continuing physical therapy, and seeks monetary damages. The opinion states that Jaime is represented by counsel.
Discovery Dispute
The defendants moved to compel, meaning they asked the court to order Jaime to provide properly executed medical releases. The releases would allow the defendants to obtain medical records for all treatment Jaime received as a result of the incident alleged in the complaint. The defendants also asked the court to warn Jaime that failing to provide the releases could support dismissal for failure to prosecute. Jaime filed no opposition.
At the initial pretrial conference on December 13, 2021, the court directed Jaime to return a completed medical release by January 10, 2022. Jaime’s counsel did not object to the defendants’ entitlement to the release but requested additional time because of logistical problems mailing items at Rikers Island. The court granted that additional time. The opinion states that Jaime had placed his medical condition at issue and that the defendants could not obtain his records without the required releases.
Ruling
Judge Lewis J. Liman granted the motion to compel. The court ordered Jaime to provide properly executed medical releases by February 4, 2022, covering medical records for all treatment related to the alleged incident. The court further warned that failure to comply could result in sanctions, including dismissal of the complaint. The order did not dismiss the complaint; it directed the Clerk of Court to close the motion docket entry.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.