Make the Road by Walking, Inc. v. Turner

No. 02-7876 (2d Cir. August 4, 2004); Clearinghouse Number: 52902

Description

Court Denies Defense Request for Advocacy Organization's Unredacted Schedules, Performance Evaluations, Task Sheets, and Political Letters

Abstract

The district court denied defendant New York City Human Resources Administration’s request for unredacted production of the schedules, performance evaluations, weekly support evaluations, and task sheets of three employees of a welfare advocacy organization and letters the organization sent to local politicians concerning defendant. Plaintiffs—the organization as well as welfare applicants and recipients—sued to enjoin city from refusing advocates access to Income Support and Job Center waiting rooms; they claimed that city’s policy was unconstitutional. At discovery, plaintiffs produced redacted documents about public benefits training and organizing that staff attended or conducted and documents indicating that staff visited centers. Plaintiffs claimed the redacted portions were irrelevant and were protected by the constitutional rights of association, of speech, and to petition government. Defendant claimed that the task sheets, schedules, and evaluations were relevant because, among other reasons, they would show the kind of activities the organization would undertake in the centers if given access. The court held that the produced schedules and task sheets were sufficient, and the request for performance evaluations and political letters was unduly intrusive. The court said that the requested discovery’s relevance was disproportionate to its annoyance, embarrassment, oppression, burden, and expense.

Additional Information

Attorney Information
Plaintiff represented by: Laura K. Abel, Kimani Paul-Emile, David Udell, Brennan Center for Justice, 161 Avenue of the Americas, 5th Floor, New York, NY 10013 (212.988.6737); Laura Davis, New York Legal Assistance Group, 130 E. 59th St., 14th Floor, New York, NY 10022 (212.750.0800); Marc Cohan, 275 Seventh Ave, Suite 1205, New York, NY 10001 (212.633.6967); Thomas McGanney, White & Case, 1155 Avenue of the Americas, New York, NY 10036 (212.819.8200); Marc Cohan, Rebecca Scharf, Welfare Law Center, 275 Seventh Ave., Suite 1205, New York, NY 10001.
Docket Date
2004-08-04 05:00:00+00:00