Opinion

Granados-Coreas v. Nassau County

Court
District Court, E.D. New York
Filed
Nov 1, 2022
Cited by
0 cases
Authority
More cited than 26.7%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

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KEVIN GRANADOS-COREAS,

Plaintiff,

ORDER

-against- CV 18-6092 (AYS)

NASSAU COUNTY, Corrections Officers

MICHAEL McCANN, BRIAN JOHNSON,

TIMOTHY BARNET, and KEVIN BERRY,

Defendants.

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ANNE Y. SHIELDS, United States Magistrate Judge:

This is an action commenced by Plaintiff, Kevin Granados-Coreas (“Plaintiff”), pursuant

to 42 U.S.C. 1983, alleging the use of excessive force and failure to intervene. The incident

forming the b§asis of this action took place when Plaintiff was a pretrial detainee in the custody of

Defendant County of Nassau (“Nassau” or the “County”). In addition to naming the County as a

Defendant, Plaintiff names as defendants three individual Nassau County Corrections Officers.

This case is trial ready. Presently before the Court are the parties’ several motions in limine. As

set forth below, the motions are granted in part and denied in part, without prejudice to the extent

noted herein.

DISCUSSION

I. Factual Background

The presently operative pleading is Plaintiff's Amended Complaint, appearing as Docket

Entry (“DE”) [15] herein. As set forth therein, this action arises out of an incident that took place

on November 1, 2017, when Plaintiff was a pretrial detainee at the Nassau County Correctional

Center (“NCCC”). The incident occurred in and around the time that Plaintiff was escorted by

Defendant Corrections Officer (“CO”) Michael McCann (“McCann”) to an area where Plaintiff

could visit with his mother and a friend. Plaintiff alleges that the visit was abruptly cancelled and

that he was thereafter assaulted. It appears that the visit cancellation and altercation arose out of

a dispute regarding the hem of Plaintiff’s pants. Plaintiff alleges that the pants were rolled up

because they were too big; Defendants allege that the rolling of pants is associated with

concealment of contraband by gang members. Plaintiff alleges that he was assaulted first by

Defendant CO McCann and was thereafter assaulted and restrained by Defendant COs Brian

Johnson (“Johnson”), Timothy Barnet (“Barnet”) and Kevin Berry (“Berry”). The facts will be

developed and veracity determined by a jury at trial. As to his claims, Plaintiff alleges the

violation of his Constitutional rights in the form of the use of excessive force (First Cause of

Action, DE [15] at 39-43), Municipal Liability (Second Cause of Action, DE [15] at 44-49), and

Failure to Intervene (Fifth Cause of Action, [DE 15] at 57-60).1 Defendants deny all allegations.

II. Procedural Background

A. The Close of Fact Discovery and Dispositive Motion Practice

Although this case was commenced in 2018, discovery was delayed because of

Plaintiff’s pending criminal case. Nonetheless, on March 12, 2021, Defendants reported that the

depositions of all Defendants were complete. Logistical difficulties regarding the taking of

Plaintiff’s deposition were reported, but the parties anticipated that his deposition and any

independent medical examination (“IME”) would be conducted within thirty days of the letter,

i.e., by April 12, 2021. On November 16, 2021, this Court entered a status report order

summarizing prior discovery orders, noting that pursuant to its nearly eleven months’ earlier

1 Plaintiff has agreed to dismiss claims previously alleged for conspiracy to violate his civil

rights, as set forth in his Third and Fourth Causes of Action. See Amended Joint Pretrial Order,

DE [44] at 9.

Order, dated January 26, 2021, all discovery was to have been completed by October 3, 2021,

and that the deadline for the making of any dispositive motions was set at November 2, 2021.

See Electronic Order of Shields, M.J., dated Jan. 26, 2021. As both deadlines had passed, this

Court assumed that discovery was complete and that no party intended to interpose a dispositive

motion. See Electronic Order of Shields, M.J., dated Nov. 16, 2021.

Thereafter, on November 30, 2021, Defendants reported that Plaintiff’s deposition had

not taken place – either within the thirty-day period referred to in the March 2021 letter, nor prior

to the expiration of the discovery deadline. (DE [29].) By way of excuse, the County relied on

staffing changes and a busy trial schedule. See id. In response thereto, on December 2, 2021, this

Court entered an order denying Defendants’ request to reopen discovery for a period of sixty

days to take the Plaintiff’s deposition and to conduct an IME. In support of that ruling, this Court

noted that Defendants first requested Plaintiff’s availability for a deposition in January 2021.

Plaintiff’s availability was provided the next day. Defendants again requested Plaintiff’s

availability for a deposition in March 2021. Plaintiff’s counsel provided information regarding

her client’s availability that same day. No action to schedule that deposition took place. The

Deputy County Attorney referenced in Defendants’ letter seeking additional time in which to

depose Plaintiff did not leave the County Attorney’s Office until June 2021. This gave

Defendants ample time prior to his departure to conduct a deposition of Plaintiff and his IME.

Defendants also had ample time since that June 2021 departure (and prior to the close of

discovery) to take Plaintiff’s deposition and conduct his IME. They simply chose not to do so,

despite the cooperation of Plaintiff’s counsel in providing her client’s availability on more than

one occasion.

Based on all of these facts, Defendants’ request to reopen fact discovery was denied. See

Scheduling Order dated Dec. 2,2021. This Court also noted that the time to initiate dispositive

motions had expired with neither party commencing motion practice. In accord with its rulings

regarding the close of discovery, this Court held that the time to make any such motion was also

deemed closed.

B. The Joint Pretrial Order and Consent to this Court’s Jurisdiction

In addition to deeming discovery and dispositive motion practice closed, counsel

were directed to submit a joint pre-trial order (the “JPTO”), consistent with the rules of the then-

assigned District Court Judge, on or before January 6, 2022. That date was thereafter extended to

January 27, 2022. See Electronic Order of Shields, M.J., dated Jan. 24, 2022. The parties’ joint

pretrial order was thereafter timely filed on January 27, 2022. (DE [33].) Shortly thereafter,

Plaintiff voluntarily dismissed his claims against non-appearing “John Doe” defendants, and the

District Court approved the parties’ consent to the exercise of jurisdiction by this Court. (DE

[34]-[36].)

C. Scheduling of the Trial and Amendment of the JPTO

This Court held a final pre-trial conference on February 22, 2022, setting jury

selection for May 12, 2022. Although this date presented a possible conflict with Plaintiff’s state

court criminal trial, the parties thereafter advised the Court that the Plaintiff herein (who is the

Defendant in the state court criminal proceeding) pleaded guilty, and the criminal trial which

presented the conflict would not proceed. Plaintiff is currently in custody in connection with that

plea of guilty. Despite Plaintiff’s availability for trial since May of 2022, logistical problems,

including a backlog in criminal cases and the precedence of transporting prisoners in those cases

(over civil cases) to attend criminal matters in the Federal Courthouse, have resulted in delay of

this civil matter. Although there is not now a trial date certain, see Electronic Scheduling Order

dated Oct. 11, 2022, the lapse in time has resulted in this Court’s decision to re-visit its earlier

order regarding Defendants’ request to amend the joint pretrial order. (DE [55].)

Despite the lack of certainty for a date of the trial in this civil matter, the Court will move

to decide the pending pre-trial motions. This approach allows the Court to rule in advance of trial

as to the admissibility and use of “forecasted evidence.” See James v. Vogel, 1:18-CV-801, 2019

WL 3387998, at *1 (N.D.N.Y. July 27, 2019) (citing Luce v. United States, 469 U.S. 38, 40 n.2

(1984)) (additional citation omitted). With regard to such evidence, motions seeking to exclude

are properly granted when the evidence at issue “is clearly inadmissible on all potential

grounds.” James, 2019 WL 3387998, at *1 (citing Baxter Diagnostics, Inc. v. Novatek Med, Inc.,

No. 94-cv-5220, 1998 WL 665138, at *3 (S.D.N.Y. Sept. 25, 1998)). Where, on the other hand,

the nature of the evidence is unclear and/or subject to change, the court may reserve decision

until trial and/or “in the exercise of sound judicial discretion . . . alter or change a previous in

limine ruling” at trial as “the case unfolds, particularly if the actual testimony differs from what

was contained in the [movant’s] proffer.” James, 2019 WL 3387998, at *1 (quoting Luce, 469

U.S. at 41-42). With these general standards governing trial in mind, the Court turns to the merits

of the parties’ pretrial motions in limine, so that once the trial commences, the case will proceed

without further delay.

III. The Motions in Limine

While the parties have interposed several motions, many are mirror images of each other.

For example, Defendants seek an order allowing admission in evidence of Plaintiff’s felony

convictions and gang affiliation (even if for only limited purposes or for cross-examination),

while Plaintiff seeks to exclude such evidence for any purpose. For the sake of brevity, the Court

addresses each issue on the merits without reference to particular motions.2

IV. Legal Principles

The Federal Rules of Evidence that apply to the pending motions are as follows:

A. Rule 402

Federal Rule of Evidence 402 provides for the admissibility of relevant evidence

and the inadmissibility of irrelevant evidence. See Fed. R. Evid. 402.

B. Rule 403

Rule 403 of the Federal Rules of Evidence allows the court to exclude relevant

evidence if the probative value thereof is substantially outweighed by a danger of one or more of

the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting

time, or needlessly presenting cumulative evidence. See Fed. R. Evid. 403. When determining

prejudice under Rule 403, the Court considers whether the prejudice is unfair, as opposed to

merely harmful.

C. Rule 404

Federal Rule of Evidence 404 provides rules regarding the use of character

evidence. In pertinent part, it provides as follows:

Rule 404(a): Character Evidence

(1) Prohibited Uses. Evidence of a person’s character or character

trait is not admissible to prove that on a particular occasion the

person acted in accordance with the character or trait.

2 The parties also argue procedural impropriety with respect to whether motions are

allowed under the scope of those set forth in the pretrial order and/or with respect to this Court’s

Individual Rules. Rather than ruling on these motions based upon such procedural grounds, the

Court addresses each motion on the merits. The fact that the Court has allowed amendment of

the JPTO and the trial date is not yet set makes this approach preferable.

* * *

(3) Exceptions for a Witness. Evidence of a witness’s character may

be admitted under Rules 607, 608, and 609.

See Fed. R. Evid. R. 404(a)

Rule 404(b): Other Crimes, Wrongs, or Acts

(1) Prohibited Uses. Evidence of any other crime, wrong, or act is

not admissible to prove a person’s character in order to show that on

a particular occasion the person acted in accordance with the

character.

(2) Permitted Uses. This evidence may be admissible for another

purpose, such as proving motive, opportunity, intent, preparation,

plan, knowledge, identity, absence of mistake, or lack of accident.

See Fed. R. Evid. 404(b).

Where evidence is admitted for the limited purposes set forth in Rule 404(b)(2), “it

makes no difference whether the acts occurred before or after the events at issue.” Lombardo v.

Stone, No. 99 Civ. 4603, 2002 WL 113913, at *4 (S.D.N.Y. Jan. 29, 2002). However, admission

for these limited purposes is improper when such admission violates Rule 403. See Id.

D. Rule 609

Federal Rule of Evidence 609 governs the use of criminal convictions for

impeachment purposes in civil actions. As to felony convictions, it provides that where, as here,

the party against whom the evidence is sought to be used is the Plaintiff, such evidence “must be

admitted, subject to Rule 403.” Fed. R. Evid. 609(a)(1)(A). Thus, in cases involving felony

convictions, Rule 609 requires admission of the evidence of conviction, unless the Court

determines, pursuant to Rule 403, that the probative value of that evidence is substantially

outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or

by considerations of undue delay, waste of time, or needless presentation of cumulative

evidence. The determination as to the use of criminal felony convictions is within the sound

discretion of the district court. See United States v. Estrada, 430 F.3d 606, 621 (2d Cir. 2005).

When balancing the probative value of the conviction evidence against prejudice, as

instructed by Rule 609, courts consider: “(1) the impeachment value of the prior crime, (2) the

remoteness of the prior conviction, (3) the similarity between the past crime and the conduct at

issue, and (4) the importance of the credibility of the witness.” Espinosa v. McCabe, No. 9:10-

cv-497, 2014 WL 988832, at *2 (S.D.N.Y. Mar. 12, 2014) (quoting Daniels v. Loizzo, 986 F.

Supp. 245, 250 (S.D.N.Y. 1997)). While all of these factors are to be considered, “prime among

them is the first factor, i.e., whether the crime, by its nature, is probative of a lack of veracity.”

Espinosa, 2014 WL 9888352, at *2 (quoting United States v. Brown, 606 F. Supp. 2d 306, 312

(E.D.N.Y. 2009)) (additional citation and internal quotation marks omitted).

As to non-felony matters, the Court looks to Rule 609(a)(2). Such evidence must be

admitted if the witness has been convicted of a crime involving “dishonesty or false statement.”

This is true without regard to “the severity of the punishment or any resulting prejudice.” Fed. R.

Evid. 609(a)(2). This prong of Rule 609(a) is meant to apply to convictions “peculiarly probative

of credibility,” such as those for “perjury or subornation of perjury, false statement, criminal

fraud, embezzlement, or false pretense, or any other offense in the nature of crimen falsi, the

commission of which involves some element of deceit, untruthfulness, or falsification bearing on

the accused’s propensity to testify truthfully.” United States v. Estrada, 430 F.3d 606, 616 n.3

(2d Cir. 2005).

V. Disposition of the Motions

A. Motion to Dismiss Defendants Johnson, Barnet and Berry

Defendants seek to dismiss individual Defendants Johnson, Barnet and Berry

from this action. In support of this motion, Defendants rely on the deposition transcripts of each

defendant. Reliance on such material would be proper not in the context of a motion to dismiss,

but in the context of a motion for summary judgment. In any event, as described above, the dates

for the making of any such dispositive motions have long passed. Moreover, a review of this

branch of the motion shows the presence of material issues of fact. Accordingly, the Court denies

the motion at this time. This denial is without prejudice to renewal under the proper Federal Rule

of Civil Procedure at the close of the Plaintiff’s case.

B. Motion to Preclude the Testimony of Plaintiff’s Mother and Friend

Defendants seek to preclude the testimony of Plaintiff’s mother and friend on the

grounds that they lack information about the incident at issue, that their testimony would be

cumulative, and that it would serve only to elicit sympathy in violation of Rule 403 of the

Federal Rules of Evidence. Defendants’ Memorandum of Law in support of their motion in

limine refers to Rule 403 of the Federal Rules of Civil Procedure. Presumably, they meant to

refer to Rule 403 of the Federal Rules of Evidence. As referred to above, that Rule allows a

Court to exclude relevant evidence if the probative value thereof is substantially outweighed by

the danger of: unfair prejudice, confusion of issues, misleading the jury, undue delay, waste of

time or needlessly presenting cumulative evidence. See Fed. R. Evid. 403. Applying these

standards, the Court holds first that the testimony of these two witnesses is relevant. According

to Plaintiff, they will testify as to their presence at the NCCC immediately before the incident,

and the abrupt cancellation of their visit with the Plaintiff. The Court holds further that the

relevance of their testimony is not outweighed by any Rule 403 factor. Accordingly, the motion

to prohibit Plaintiff’s mother and friend from testifying regarding what occurred on the date of

the incident forming the basis of this action is denied.

C. Motion to Preclude Plaintiff from Offering

Testimony Regarding Indemnification of Defendants

Defendants move to preclude Plaintiff from offering evidence of Defendants’

indemnification by Nassau County on the grounds that such evidence is both irrelevant and

prejudicial. Additionally, Defendants state that they will not offer evidence of their financial

resources.

Under the circumstances herein, the Court agrees with Defendants that evidence of

indemnification is not relevant, and even if such evidence were relevant, introduction thereof

would be outweighed by the factors of unfair prejudice, confusion of issues and misleading the

jury. Accordingly, the motion to exclude such evidence is granted.

D. Motion to Preclude Evidence of Defendants’ Disciplinary Investigatory History

Defendants move to preclude the introduction of any disciplinary, investigatory

and/or litigation history as to the named Corrections Officers. Defendants argue that such

evidence amounts to inadmissible character evidence in violation of Rule 404(b). While such

propensity evidence would likely be inadmissible, similar act evidence “offered to show intent is

admissible in a section 1983 case because the defendant’s intent is a relevant element of the

constitutional tort.” Lombardo, 2002 WL 113913, at *6. Thus, while such evidence is not

admissible to show propensity to act in a particular way at a particular time, it may be allowed

for other limited purposes, such as to show a defendant’s intent to cause harm or failure to

intervene - necessary elements of Plaintiff’s two Section 1983 claims. See id. at *7.

There does not appear to be any opposition by Plaintiff to this portion of Defendant’s

motion. However, it is also not clear that any such evidence will be offered at trial. For these

reasons, the Court denies the motion at this time, without prejudice to renewal at the time of trial,

should the issue arise.

E. Motion to Bifurcate the Trial

Defendants move to bifurcate the trial into liability and damages. The Court

denies the motion on the ground that bifurcation of this already-delayed relatively short trial will

serve no purpose.

F. Motion to Allow Evidence of Plaintiff’s Gang Affiliation

In support of this motion, Defendants argue that the specific way in which

Plaintiff’s pants were altered (to allow the smuggling of contraband) is a type of apparel

alteration used by members of MS-13. They argue that gang affiliation is relevant to the nature

of the inspection conducted prior to Plaintiff’s scheduled visit with family, and therefore relevant

to the issues to be tried. It is not.

First, it is difficult to believe that corrections officers only inspect the trousers of

prisoners who are suspected or known gang members, and/or that their inspections are somehow

particularized to look into a distinctive type of tailoring. Defendants do not, and cannot, argue

that they do not thoroughly inspect all prisoners (including their pants) before they come into

contact with members of the visiting public. Indeed, the Court can scarcely imagine a scenario

where corrections officers only inspect the apparel of gang members for contraband smuggling

prior to visits, and that those same officers readily allow all other prisoners to engage in

visitation with outsiders without such inspection. Defendants can testify as to their inspection of

Plaintiff’s clothing for contraband without going into the particular gang-specific smuggling

techniques used by NCCC detainees.

Even if there were a type of pants-hemming particular to gang members, that issue is of

no relevance to the central issue for trial, i.e., whether Plaintiff was subject to the use of

excessive force. Further, even if the Court accepted Defendants’ torturous argument for

relevance, the probative value of such evidence is outweighed by the danger of prejudice and

jury confusion. To be clear, this is a case about whether or not the Plaintiff’s civil rights were

violated when he was allegedly assaulted by Defendants. The issues that the jury will be asked to

decide have nothing to do with Plaintiff’s gang association. Defendants’ motion to admit

evidence of any gang affiliation is denied. Plaintiff’s corresponding motion to exclude such

evidence is granted.

G. Motion to Allow Evidence of Plaintiff's Prior Felony Convictions

1. Rule 609(a)(1)

As noted, Federal Rule of Evidence 609(a)(1) generally allows for the use

of felony convictions for the purpose of impeaching witness credibility. Such use is, however,

subject to the considerations set forth in Federal Rule of Evidence 403. At issue here are two

criminal felony convictions that followed two separate pleas of guilty. Both convictions followed

the incident forming the basis of this lawsuit. First, on July 11, 2019, Plaintiff was convicted of

attempted possession of contraband at the NCCC. Second, on April 13, 2022 (shortly before the

first scheduled trial herein), Plaintiff was convicted of murder in the second degree.

In apparent recognition of the Rule 404(b) prohibition of the use of character evidence,

Defendants state that they do not seek to introduce evidence of these convictions to show that

Plaintiff is a violent and aggressive person. (Def. Mem. of Law in Opp’n to Pl. Mot. in Limine

2.) Instead, they seek to introduce such evidence only for the limited purpose of attacking

Plaintiff's credibility. (See id.) To accomplish this purpose, Defendants propose to ask Plaintiff

on cross-examination only what he was convicted of, and the term of his sentence. (See id. at 3.)

Plaintiff opposes even the limited questioning that Defendants propose.

While the Federal Rules of Evidence allow for the use of Plaintiff’s felony convictions,

there is undoubtedly a danger that the jury will be prejudiced by the introduction of such

evidence. This is especially true here, where the claim is that Defendants used excessive force

against Plaintiff while he was in custody. It is not a far leap to imagine the substantial prejudice

to Plaintiff where the jury will be limited to considering only the conduct on the date of the

incident at issue, and not Plaintiff’s overall character and propensity for violence. The same is

true with respect to Plaintiff’s prior conviction for attempted possession of contraband. As noted,

the use of such propensity evidence is precluded by the Federal Rules of Evidence. Upon

application of the Rule 403 balancing factors, the Court holds that Defendants will not be

allowed to introduce evidence of Plaintiff’s felony convictions. Accordingly, Defendants’ motion

to use such evidence, even for the limited purpose of impeachment, is denied. Plaintiff’s

corresponding motion to preclude the use of such evidence is granted.

2. Rule 609(a)(2)

Defendants also argue that Plaintiff’s murder conviction must be admitted

under Rule 609(a)(2) because his plea of guilty to murder in this case transforms the crime of

murder here to a crime involving the making of false statements. If the crime of murder falls

within this section of Rule 609, it is presumptively admissible. See Brown v. Cornell, No. 9:17-

CV-1036, 2021 WL 2711511, at * 4 (N.D.N.Y. July 1, 2021). In support of this argument,

Defendants point to Plaintiff’s explanation of the murder during his plea allocution, wherein he

stated that he falsely lured the murder victim into a park on the false pretense of smoking

marijuana with him. Instead, as Plaintiff allocuted, the victim was lured into the park to be

murdered. These facts of the allocution do not transform a murder conviction into a crime of

dishonesty or false statement within the meaning of Rule 609(a)(2). “While much successful

crime involved some quantum of stealth, all such conduct does not, as a result, constitute [a]

crime of dishonesty or false statement for purposes of Rule 609(a)(2).” Estrada, 430 F.3d at 614.

Accordingly, the Court denies the motion to admit Plaintiff’s felony convictions on the ground

that they fall within the definition of those set forth in Rule 609(a)(2). Accord Espinosa, 2014

WL988832, at *4.

H. Motion to Allow Evidence of Plaintiff’s Jail Disciplinary Infractions

For similar reasons to those set forth above, evidence of Plaintiff’s jail

disciplinary infractions will not be admitted into evidence. See Lombardo, 2002 WL 113913, at

*3. The Court also holds that that evidence of such infractions will not be allowed even for

impeachment purposes on the ground that such use would violate Rule 403. Accordingly,

Defendants’ motion to allow use of Plaintiff’s jail disciplinary records is denied and Plaintiffs’

corresponding motion to preclude such use is granted. See Starmel v. Tompkin, No. 9:20-CV-

00089, 2022 WL 6737723, at * 3 (N.D.N.Y. Oct. 11, 2022) (denying motion to use plaintiff’s

disciplinary records character evidence to show plaintiff’s “disregard for law and order”).

I. Motion to Preclude Reference to Plaintiff’s Immigration Status

Plaintiff has moved to preclude reference to Plaintiff’s immigration status. A

review of the motion papers reveals that Defendants do not intend to offer any such evidence.

Even if such evidence were offered, the Court would not allow its introduction. Plaintiff’s

immigration status has no relevance to the issues to be tried.

J. Motion to Allow Plaintiff to Appear in Civilian Clothes and Without Restraints

At this point in time, it is unclear whether Plaintiff will be appearing to testify in

person in this trial. Because this is a civil trial, Plaintiff does not have the absolute right to appear

for in-person testimony. See Vaughan v. Sposato, No. CV-11-3097, 2013 WL 5774880, at *2

(E.D.N.Y. Oct. 21, 2013) (“Although due process prohibits denial of access to the courts, a

prisoner does not have a constitutional right to attend the jury trial of his civil rights claim . . . .”)

(collecting cases). Indeed, to avoid further delay and imposition on law enforcement authorities

who are busy transporting individuals to criminal proceedings, it is more than likely that Plaintiff

will testify from a remote location. See id. at *2 (noting that the factors to be considered when

deciding whether to permit an incarcerated plaintiff to appear in person for trial include, inter

alia, “the costs and inconvenience of transporting a prisoner from his place of incarceration to the

courtroom” and “any potential danger or security risk which the presence of a particular inmate

would pose to the court.”) (quoting Stone v. Morris, 546 F.2d 730, 735-36 (7th Cir. 1976)). In

any event, the Court grants Plaintiff’s motion to appear in civilian clothes. In the event that

Plaintiff testifies in person, the Court will defer to law enforcement professionals to determine

whether Plaintiff should be restrained. If Plaintiff testifies remotely, it is almost certain that he

will appear to the jury in a room that does not require the use of restraints. Accord Vaughan,

2013 WL 5774880, at *3 (noting that at least one court has found that allowing an incarcerated

plaintiff to participate at trial via videoconference “would actually ‘lessen the risk that the jury

would be prejudiced or misled’ by the presence in court of the security measures necessary to

secure public safety and the plaintiff’s continued confinement”) (quoting Oritz v. Burnias, No.

2:09-cv-0396, 2012 WL 3237161, at *1 (D. Ariz. Aug. 7, 2021)).

SO ORDERED.

Dated: Central Islip, New York

November 1, 2022

/s/ Anne Y. Shields

ANNE Y. SHIELDS

United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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