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SEWARD & KISSEL

Mark D. Kotwick (MK-2699)

One Battery Park Plaza

New York, New York 10004

(212) 574-1200

Attorneys for Plaintiff

 

________________________

 

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

 

________________________

Plaintiff,

 

- against -                                             90 Civ. 4000 (PKL)(NRB)

 

A.R.D.C./Department of Corrections,

Correctional Officer      ____________                        PLAINTIFF’S FIRST

Captain ______           and                                           SET OF INTERROGATORIES

Captain _________

 

Defendants.

 

Pursuant to Rule 33 of the Federal Rules of Civil Procedure and Rules 46 and 47 of the Civil Rules for the United States District Courts for the Southern and Eastern Districts of New York (“Local Rules”), plaintiff ____________ hereby requests that defendants Correction Officer _______________, Captain ________________ and Captain _________________ answer the following interrogatories under oath by September 6, 1993.

Definitions and Instructions

 

1.         The provisions of Local Rules 46 and 47 relating to interrogatories and uniform definitions apply to and are hereby incorporated by reference in this first set of interrogatories.

2.         “Department of Correction” means the Department of Correction of City of New York.

3.         “Incident” means the events as described in the complaint that took place on May 5, 1990 at the New York City Adolescent Reception Detention Center at the Rikers Island Correctional Facility in or around the 5-Lower housing unit between the hours of 8:00 a.m. and 2:00 p.m.

4.         “Refer” or “relate to” means, in whole or in part, referring to, constituting, containing, embodying, discussing, reflecting, dealing with, analyzing, pertaining to or in any way relevant within the meaning of Rule 26(b)(1) of the Federal Rules of Civil Procedure.

5.         Defendants are instructed to provide information in their custody, possession or control, and in the custody, possession or control of the Department of Correction.

6.         The answers to these interrogatories shall be promptly supplemented and amended as required by Rule 26(e) of the Federal Rules of Civil Procedure.

7.         Pursuant to Local Rule 46(e) (2), where a claim of privilege is asserted in objecting to an interrogatory, or a sub-part thereof, and an answer is not provided on the basis of such assertion, identify the nature of the privilege which is being claimed, and if the privilege is being asserted in connection with a claim of defense governed by state law, indicate the state’s privilege rule being invoked and provide the information required by Local Rule 46(e)(2).

8.         In the event that any document responsive to an interrogatory herein has been destroyed, discarded or otherwise disposed of, identify that document as completely as possible, including its: author, addressees, carbon or blind copies, date, subject matter, date of disposal, reason for disposal, person authorizing the disposal and person disposing of the document.

9.         In the event that an answer to any interrogatory is made by reference to records from which the answer may be derived or ascertained, as permitted by Rule 33(c) of the Federal Rules of Civil Procedure, provide the information required by Local Rule 46(f)(l)-(3) and make the documents referred to available for inspection and copying within ten days after the service of answers to these interrogatories as required pursuant to Local Rule 46(f)(4).

10.       If precise information cannot be supplied, state the best estimate or approximation (including the best approximation of dates by references to other events, when necessary) designated as such.

11.       If defendants have no information about the subject of a particular interrogatory, or if for some other reason defendants are unable to answer it, the response to that interrogatory should specifically so state, and no interrogatory should be without some response. If defendants have some information now available which would also be responsive, defendants should provide the information they now have and should specifically state when the balance of the information will be provided. The fact that a full answer cannot be given is not a basis for defendants to fail to provide such information as is available to them at the time of the response to these interrogatories.

12.       Pursuant to Local Rule 46(e)(1), any objection to any interrogatory, or subpart thereof, shall state with specificity all grounds.

13.       Pursuant to Local Rule 46(d), no part of an interrogatory shall be left unanswered merely because an objection is interposed to another part of the interrogatory.

Interrogatories

 

1.         Identify all Department of Correction employees who were present at, witnessed or investigated the Incident, or who, at or about the time of the Incident, were assigned to work or on duty in or around the area where the Incident occurred, and for each state:

(a)        the assignment, post or location of each during the Incident;

(b)        the name and date of any reports or other documents prepared by the person regarding the Incident.

2.         Identify all persons other than Department of Correction employees who were present at, witnessed or investigated the Incident, and for each provide:

(a)        the assignment or location of each during the Incident:

(b)        the author, transcriber and date of any written statements prepared by or taken from the person regarding the Incident.

3.         Identify any person, not already identified in response to Interrogatories nos. 1 and 2, with knowledge or information relating to the Incident, identify the basis for such knowledge and state the name and date of any reports or other documents prepared by the person regarding the Incident.

4.         State the names and addresses of each person defendants expect to call as a witness at trial of this action, and for each witness identify the subject matter and substance of the facts on which person is expected to testify.

New York, New York

August 6, 1993

 

SEWARD & KISSEL

 

 

BY: ________________________

Mark D. Kotwick (MK-2699)

One Battery Park Plaza

New York, New York 10004

(212) 574-1200

Attorneys for Plaintiff

 

___________________________

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