Noting that federal courts do not recognize the confidentiality privilege in New York Civil Rights Law §50-a, a Western District magistrate judge has ordered the city of Buffalo to turn over the personnel and disciplinary records of a police officer for in camera review.

Magistrate Judge Hugh B. Scott gave the city 30 days to deliver the records, shielded from disclosure by state law, on Officer Raymond Harrington. Justin L. Levy, the plaintiff in Levy v. Harrington, 09-cv-720A, accuses the officer of false arrest and imprisonment, and excessive force. After the defendants removed the case to federal court, Mr. Levy sought records that are not obtainable in state court due to the privilege delineated in Civil Rights Law §50-a.

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