1:22-cv-11823•Lucero v. Glynos et al
Testo completo
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.
-1-
Case 1:22-cv-11823-NMG Document 132 Filed 02/18/26 Page 1 of 3Here, 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. -2- 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 -3- Case 1:22-cv-11823-NMG Document 132 Filed 02/18/26 Page 3 of 3
Ti chiedi come si applica questo testo alla tua situazione?
Consulenza gratuita, senza impegno
Descrivi la tua situazione. Il nostro team ti ricontatterà via e-mail per la tua consulenza.
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.