Legal Opinion

Benitez v. Lopez

District Court, E.D. New York

Decided October 16, 2018No. 17-CV-3827-SJ-SJBPublishedCited by 4 opinions

1Opinion of the Court

BULSARA, United States Magistrate Judge:

Plaintiff has moved to compel five categories of documents. The Court resolves the motion as follows:

1. Benitez first seeks the underlying files related to a 2003 arrest of Bernadette Johnson, the sole eyewitness in Benitez's criminal case, and copies of four complaints she filed with the NYPD. As to the 2003 arrest, Defendants first contend that the documents are not relevant to Benitez's claim of prosecutorial misconduct because the arrest is not Brady material. To do so, Defendants cite a number of cases they contend demonstrate that a single minor…

2Cases cited7 opinions

  1. United States v. Eric C. PayneCourt of Appeals for the Second Circuit · 1995
  2. Marcos Poventud v. City of New YorkCourt of Appeals for the Second Circuit · 2014
  3. King v. CondeDistrict Court, E.D. New York · 1988
  4. Velez v. City of New YorkCourt of Appeals for the Second Circuit · 2013
  5. Barrett v. City of New YorkDistrict Court, E.D. New York · 2006

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Casaccia v. City of RochesterDistrict Court, W.D. New York · 2020
  2. Dalton v. Town of Silver CityDistrict Court, D. New Mexico · 2021
  3. Walls v. The City of New YorkDistrict Court, E.D. New York · 2020
  4. White v. County of SuffolkDistrict Court, E.D. New York · 2022

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