Tiffany Guerrero Was
Arrested In The Bronx 8 Years Ago Now City
Wants PTSD Excluded
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
March 1 -- It was more than
eight years ago on January 18,
2012 that Tiffany Guerrero was
arrested near the Pelham
Parkway elevated train stop on
charges of robbery.
On February 25,
2020 she was in Manhattan
Federal court suing NYPD
Officer David Revans for the
arrest, with City lawyers
trying to keep information
sealed.
Inner City
Press was the only one in the
gallery of the courtroom of
Judge Vernon S. Broderick of
the U.S. District Court for
the Southern District of New
York.
Now on
March 1, the City has asked to
preclude evidence: "the Office
of James E. Johnson,
Corporation Counsel of the
City of New York, and the
attorney for defendant
Detective David Revans in the
above-referenced case.
Defendant writes respectfully
to request that the Court
preclude any further mention
of plaintiff’s post-traumatic
stress disorder (“PTSD”)
diagnosis, and preclude
portions of plaintiff’s
medical records that reference
that diagnosis. By letter
dated February 24, 2020,
defendant requested that
plaintiff be precluded from
arguing that the incident
caused her PTSD, because
plaintiff does not intend to
call an expert witness to
testify regarding causation.
(ECF No. 87.) As set forth in
that letter, only an expert
may testify regarding causal
linkage between actions and
injuries. Here, because
plaintiff does not intend to
call a medical expert, there
will be insufficient expert
analysis to allow for an
argument that the incident
caused plaintiff’s PTSD. While
the Court has not yet issued a
ruling on defendant’s request,
plaintiff’s counsel has stated
her intention to argue that
the incident caused
plaintiff’s PTSD. In addition,
plaintiff has informed
defendant that she intends to
introduce medical records
containing references to
plaintiff’s PTSD diagnosis.
Defendant requests that the
Court preclude any further
evidence of plaintiff’s PTSD
diagnosis, whether offered
through testimony, documentary
evidence, or commentary by
counsel. While plaintiff’s
medical records include
several references to
plaintiff’s PTSD diagnosis,
the records do not establish
that the incident at issue
caused or has any connection
to her PTSD. Because the
records are silent on
causation and there will be no
expert testimony regarding
causation, any evidence of
plaintiff’s PTSD diagnosis
should be precluded." Watch
this site.
Back on February
25 when the eight jurors - six
for real and two alternates -
went out, Judge Broderick
asked the four City lawyers if
they had listed the alleged
victim in their discovery
productions.
The City lawyers named her,
and Inner City Press heard the
name. Then they said they
would redacted the transcript
to take it out, and leave only
the initials (I.T.).
They also read
out the phone numbers of
witnesses. Sergeant
Richard Alvarado said
repeatedly he did not remember
anything about the incident
beyond what was in his memo
book, which he did not bring
to court.
This is a civil
rights case against the City
of New York in 2020. The case
is Guerrero v. The City of New
York, et al., 14-cv-8035
(Broderick).
***
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