Mann v. Alvarez

In Mann v. Alvarez, 242 A.D. 2d 318, 661 N.Y.S.2d 250 (2d Dept 1997), the Second Department specifically held that the officer's medical, psychiatric, rehabilitation and counseling files would not have to be turned over as the complaint was devoid of any allegations warranting the discovery of such information. According to the court, the plaintiff's allegations of excessive force and false arrest, do not by themselves place the officers' mental health into issue. Id. at 320.