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Martinez v. City of New York

Court Partly Accepts R&R; City Must Pay Expenses Incurred by Discovery Failures

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MEMORANDUM DECISION AND ORDER

*1  The plaintiff filed this Section 1983 civil rights action against the City of New York on January 7, 2016. On December 21, 2017, after the close of discovery,1 the plaintiff moved for Rule 37 sanctions against the City of New York in connection with the City’s discovery practices. (ECF No. 85.) In an Order to Show Cause, Magistrate Judge Cheryl M. Pollak directed the City to explain why she should not order sanctions for its failure to follow her discovery orders. After a hearing on January 3, 2018, Judge Pollak issued a report and recommendation (“R&R”), recommending that I impose sanctions against the City. On March 1, 2018, I held a hearing on the plaintiff’s motion for sanctions. For the reasons that follow, I adopt Judge Pollak’s report and recommendation in part.BACKGROUNDThe essence of the plaintiff’s claim is that following her arrest in connection with narcotics sales out of her apartment, officers in the 107th precinct assaulted her, causing injury to

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