May 25, 2007

In a suit seeking damages arising out of an unproductive raid of her premises, plaintiff demanded disclosure which included, among other things, the deposition of virtually everyone involved in obtaining the no-knock warrant or who participated in any way in its execution. She will not get it, according to the First Department, in Espady v. City of New York, which was decided on May 24, 2007. The court noted that, while New York strongly favors disclosure, it is not without limits. Here, plaintiff will get copies of affidavits used in securing the warrant, an inventory of the items to be searched and seized, and a transcript of the court proceedings which led to the granting of the warrant. However, she will not get to depose the confidential informant who testified under oath in those proceedings, or to know his identity. She will not get to depose any prosecutors involved in the underlying investigation, and she will not get personnel or disciplinary records, reprimands, complaints and investigations of the police officers and prosecutors who may have been involved.