Lucero v. Glynos et al

Manuel
George
United 	States 	District 	Court
District 	of 	Massachusetts
)
Lucero, 	pro~ 	)
)
Plaintiff, 	)
)
v. 	) 	Civil 	Action
) 	22-11823-NMG
Glynos, 	et 	al., 	)
)
Defendants. 	)
)
MEMORANDUM & ORDER
GORTON, 	J.
No.
Pending 	before 	the 	Court 	is 	defendants' 	Motion 	for 	an Order
Granting Access 	to 	Criminal 	Offender 	Record 	Information 	("CORI")
Concerning 	Plaintiff 	(Docket 	No. 	109), 	which plaintiff 	opposes
(Docket 	No. 	120). 	For 	the 	reasons 	that 	follow, 	that 	motion will
be 	allowed .
An attorney 	in 	a 	civil 	action may 	request 	the 	CORI 	from 	the
Department 	of 	Criminal 	Justice 	Information Services 	("DCJIS")
"for 	the 	purposes 	of 	witness 	impeachment 	or 	trial
strategy." 	Howe 	v. 	Town of 	N. 	Andover, 	784 	F. 	Supp. 	2d 	24, 	32
(D. 	Mass. 	2011). 	In order 	to 	obtain 	that 	information, 	the
attorney of 	record must 	1) 	submit 	a 	motion 	to 	the 	trial
judge 	requesting 	approval 	of 	a 	general 	grant 	of 	access 	to
the 	specific 	individual's 	CORI 	and 	2) 	attach an 	affidavit
to 	the 	motion 	stating 	that 	the 	CORI 	is 	to 	be 	used
exclusively 	for 	witness 	impeachment 	or 	trial 	strategy 	in
the 	civil 	suit.
Id.
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Here, 	defendants 	have 	properly 	submitted 	such a 	request
purportedly 	to 	prepare 	an adequate 	cross-examination 	of 	Lucero
and 	to 	test 	the 	credibility of 	his 	testimony. 	Lucero 	contends
that 	using 	his 	prior 	convictions 	as 	impeachment 	evidence 	would
be 	unfairly prejudicial. 	Without 	deciding 	the 	admissibility of
such 	impeachment 	evidence, 	the 	Court 	is 	unpersuaded by
plaintiff's 	argument. 	Evidence 	need 	not 	be 	admissible 	in order
to 	be 	discoverable. 	Fed. 	R. 	Civ. 	P. 	26(b) (1).
Plaintiff 	also 	argues 	that 	similar 	requests 	have 	been
denied as 	attempts 	to 	release 	sensitive 	and 	irrelevant
information 	and 	to 	~discourage 	plaintiffs 	from 	bringing 	lawsuits
for 	fear 	of 	embarrassment." 	Salem v. 	Stoneham 	Police 	Dep't, 	662
F. 	Supp. 	3d 	41, 	44 	(D. 	Mass. 	2023). 	The 	request 	in Salem was,
however, 	made 	before 	any 	trial 	date 	had been 	set, 	rendering
premature 	any 	claim 	that 	the 	records 	were 	necessary 	for 	trial
strategy 	or 	preparation 	of 	a 	cross-examination. 	Id. 	at 	43-44.
Here, 	in 	contrast, 	trial 	is 	scheduled 	to 	commence 	in 	less 	than
two 	weeks 	and 	Lucero 	has 	indicated 	that 	he 	will 	testify 	at 	that
trial. 	As 	such, 	defendants 	are 	entitled 	to 	such materials 	to
prepare 	for 	his 	cross-examination.
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Case 1:22-cv-11823-NMG Document 132 Filed 02/18/26 Page 2 of 3

For 	the 	foregoing 	reasons, 	defendant's 	motion 	is 	ALLOWED.
So 	ordered.
Nathaniel 	M. 	Go rf on
Senior 	United 	States 	District 	Judge
Dated: 	February /ff , 	2026
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