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Evidence Keyed to Best
Ortiz v. City of New York
Citation:No. 15CV2206 (DI.C) (S.D.N.Y. 2017)
On June 1, 2014, the defendant police officers had the plaintiff taken by ambulance to a hospital and that the hospital recorded that the plaintiff was intoxicated, combative, and violent. The plaintiff asserted that he was not incapacitated by alcohol on that day and that the police had wrongfully assaulted and seized him. The defendants asserted that the plaintiff was intoxicated and combative, and denied that they assaulted him.
At trial, the defendant submitted the plaintiff’s medical records for the date of the incident and two follow-up visits. The defendant also submitted medical records for one earlier date and three later dates which reflect treatment of the plaintiff for intoxication. The defendant sought to introduce the evidence for multiple purposes, including that the plaintiff had a habit of drinking to the point of combativeness.
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