RASHAUN FERGUSON, Plaintiff, v. THE CITY OF NEW YORK, DETECTIVE MICHAEL GILDEA, DETECTIVE QUINN JAEGER, UNIDENTIFIED MEMBERS OF THE NYPD, Defendants 17-CV-6871-ENV-SJB United States District Court, E.D. New York February 24, 2020 Bulsara, Sanket J., United States Magistrate Judge ORDER *1 Defendants have moved to compel Plaintiff Rashaun Ferguson to sign a second “global” § 160.50 release and compel responses to two interrogatories about his criminal history. (Mot. to Compel dated Aug. 16, 2019, Dkt. No. 49). The motion is denied. Plaintiff has already provided three § 160.50 releases related to the underlying arrest and trial records that are the subject of this § 1983 action. After Plaintiff filed a response to the motion that suggested that the prior arrests of Plaintiff “probably occurred when he was a juvenile or a youthful offender,” the Court directed the parties to answer three questions: (1) Is the arrest history being sought for incidents that took place prior to Plaintiff turning 18 years old?; (2) If the arrest history being sought is for incidents prior to Plaintiff turning 18, are the incidents “youthful offender adjudications” under C.P.L. § 720.35?; and (3) To the extent these are not youthful offender adjudications, are these incidents classified as some other kind of juvenile offense and if so, what protections attach to records of such offenses? (Order dated Aug. 13, 2019). Defendants responded to these questions by stating that they are seeking Plaintiff’s juvenile arrest history, dating back to when he was 13 years old, but lacked sufficient information about the arrests to answer the other inquiries. (Letter dated Aug. 20, 2019, Dkt. No. 51; Letter dated Sept. 20, 2019, Dkt. N0. 53). Plaintiff’s counsel also indicated that he lacked sufficient information about the adjudications to answer the Court’s inquiries. (Letter by Rashaun Ferguson dated Sept. 21, 2019, Dkt. No. 54). The Court so-ordered a subpoena to the New York State Division of Criminal Justice Services for Plaintiff’s “full, unsuppressed Criminal History Record Information Report (including juvenile record and record of all arrests, sealed and unsealed).” (Order dated Oct. 21, 2019, Dkt. No. 60). The Court received two subpoena responses from the State. Neither indicates that Ferguson has any juvenile arrest history. This leads the Court to conclude that either of the following are true: (1) Defendants’ assertions that Ferguson has a criminal history dating back to when he was 13 years old are ultimately without merit (the subpoena response indicates Ferguson’s NYSID number was previous assigned to another individual, which may be the source of the erroneous information); or (2) Ferguson’s records are sealed beyond even the reach of a Court-ordered subpoena. In either case, forcing Plaintiff to execute additional § 160.50 releases would achieve nothing. The motion is, therefore, denied. The parties may call the Court at 718-613-2550 to schedule a time to receive copies of the responses the Court received to the subpoena. Should those documents be used in connection with any motion or other practice, they should be filed under seal in the first instance.1 This resolves Docket Nos. 45 and 49. *2 SO ORDERED. Footnotes 1 Defendants’ motions papers suggest they are in possession of documents that allude to Ferguson’s juvenile arrests, and there are newspaper articles that indicate that Ferguson was arrested when he was 13 for various offenses (Letter dated Aug. 20, 2019, Dkt. No. 51). None of these documents were produced or provided to the Court in connection with the motion. To the extent Defendants intend to rely on these documents or these documents are responsive to a document request, they should be produced to Plaintiff. (It appears Plaintiff was not in possession of these documents prior to the briefing of the motion). The Court’s decision denying a motion to compel a broader § 160.50 release should not be understood to express any view as to the admissibility or use of these other documents or the use of other discovery means to obtain relevant information.