Bloomberg Law’s combination of innovative analytics, research tools and practical guidance provides you with everything you need to be a successful litigator.
June 15 — A transgender prisoner can get the personal e-mails of physicians who allegedly acted with deliberate indifference to the inmate's need for hormone therapy, the Eastern District of New York held June 14 ( Sunderland v. Suffolk County, 2016 BL 189009, E.D.N.Y., No. CV 13-4838 (JFB) (AKT), 6/14/16 ).
The court allowed the “no stone unturned” search because of the concern that relevant e-mails could be found on personal computers that the defendants intentionally decided to keep off their work computers.
Jeremy Sunderland sued Suffolk County, N.Y., as well as physicians employed by the county who treated Sunderland while she was an inmate, for alleged violations of the Eighth Amendment.
Her discovery demands included a request for electronically-stored information—including e-mails related to her—that might be found on the physicians' personal computers.
The court granted the motion, saying the information requested fell within the broad scope of relevant discovery under Federal Rule of Civil Procedure 26(b).
“Moreover, to the extent such documents exist on the Individual Defendants' personal computers, they may contain information going to bias or motivation which may show why a personal computer was used for such communications, including information which may support Plaintiff's claims of deliberate indifference against the Individual Defendants,” the court concluded.
Magistrate Judge A. Kathleen Tomlinson wrote the order.
Hughes Hubbard & Reed LLP in New York City represented Sunderland.
The Suffolk County Attorney's Office in Hauppauge, N.Y., represented the defendants.
To contact the reporter on this story: Tera Brostoff in Washington at email@example.com.
Full text at http://src.bna.com/fWH.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)