A federal judge has ordered Oral Nick Hillary to turn over a limited amount of additional information the village of Potsdam claims it needs to help defend itself in a defamation suit brought by Mr. Hillary in September.
U.S. Magistrate Judge David E. Peebles, Syracuse, ruled Wednesday that Mr. Hillary must comply with the villages demand for further information about expenses he has incurred for medical treatments, as part of his claim is that the alleged defamatory statements have caused him anxiety, anger and loss of sleep, prompting him to seek counseling from medical professionals, among others. Mr. Hillary is seeking reimbursement for the medical expenses as part of his claim for damages.
Mr. Hillary filed state Supreme Court action in Canton in September claiming police detained him illegally and damaged his reputation by making statements that implicated him in the death of 12-year-old Garrett J. Phillips, who was strangled Oct. 24, 2011, in the youths upstairs apartment at North Country Manor Apartments, 100 Market St. The lawsuit was moved to U.S. District Court in November because Mr. Hillary also is claiming that his federal constitutional rights were violated.
Mr. Hillary was not charged with a crime and no arrest has been made in connection with the boys death. Mr. Hillary maintains in his action, among other things, that he was detained unlawfully for questioning by police and that police identified him to at least one person as a suspect in the youths death.
Judge Peebles denied the villages request for records about Mr. Hillarys employment, including tax returns. Mr. Hillarys attorney, Mani C. Tafari, Queens, had earlier argued that he had supplied the village with Mr. Hillarys employment record at Clarkson University, Potsdam, where he is head mens soccer coach, so it already possesses his wage history. The judge also denied as academic the villages request for any records pertaining to payments Mr. Hillary may have received through Medicare or Medicaid as Mr. Hillary has established that he does not qualify for, nor does he receive benefits from either.
The judge also ordered Mr. Hillary to provide the names of every person who may testify at trial to substantiate claims that he suffers from anxiety, anger and loss of sleep. He has ordered the information turned over to the village by June 28.