Lurch, Jr. v. John Doe

Background

The plaintiff is proceeding without a lawyer. The underlying case includes claims under 42 U.S.C. § 1983 concerning an alleged unlawful detention under New York Mental Health Law § 9.41 and transportation to Bellevue Hospital. The plaintiff also alleges mental and emotional injuries and brings a false-arrest claim.

Defendants, represented by the New York City Law Department, stated that they had served discovery requests and releases in August and October 2023 but had not received signed releases. After an unsuccessful mediation, they asked the court to compel the plaintiff to sign a release under New York Criminal Procedure Law § 160.50 for arrest-history records and medical releases under the Health Insurance Portability and Accountability Act (HIPAA). They argued that the records were relevant to the plaintiff’s alleged injuries and damages.

Ruling

The court granted the motion to compel. It directed the plaintiff to execute both the § 160.50 release and the HIPAA release and return them to the City by May 10, 2024. The Clerk of Court was directed to terminate the motion at ECF No. 81. The order does not state that dismissal would automatically result if the releases were not provided.

Effect

The ruling requires the plaintiff to provide the two categories of releases in the ongoing case. It resolves the discovery motion, not the underlying claims about the detention, arrest, or alleged injuries.