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Baker v. German

United States District Court, S.D. New York

January 6, 2020

MICHAEL SMITH BAKER, Plaintiff,
v.
DETECTIVE ANTHONY GERMAN and DETECTIVE FEDERICO IRIZARRY, Defendants.

          TANSY WOAN, Pro Bono Counsel for Plaintiff.

          JAMES E. JOHNSON Corporation Counsel of the City of New York Attorney for Defendants.

          LEKE BADIVULU Pro Bono Counsel for Plaintiff.

          STIPULATION AND PROTECTIVE ORDER CONCERNING INSPECTION OF THE 1ST PRECINCT OF THE NEW YORK CITY POLICE DEPARTMENT

          HON. KATHERINE POLK FAILLA UNITED STATES DISTRICT JUDGE.

         WHEREAS, Plaintiff has requested that the City of New York provide him entry and access to the New York City Police Department's (''NYPD'') 1st Precinct for the purposes of inspecting, measuring, and photographing the room where Plaintiff was interviewed by Defendants on March 26, 2015, the bathroom where he alleges that he was assaulted, and the area in between the bathroom and the room where Plaintiff was interviewed; and

         WHEREAS, the Defendants believe that the taking of photographs may implicate security concerns, which the Defendants believe would be harmful to the privacy, governmental and law enforcement interests of the City of New York, its employees, and detainees; and

         WHEREAS, because of security concerns, the City of New York deems the photography and any information or document depicting the likeness of the interior of the 1st Precinct privileged and/or confidential; and

         WHEREAS, Defendants object to granting Plaintiffs counsel access to 1st Precinct for the purpose of inspecting, measuring, or photographing any agreed upon areas at the 1st Precinct unless appropriate protection for confidentiality is assured and that Plaintiff, Plaintiffs counsel, and anyone associated with Plaintiff and his counsel agree to and abide by the terms and conditions set forth below; and

         WHEREAS, good cause exists for the entry of an order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure;

         NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, attorneys for Plaintiff and Defendants, respectively, as follows:

         1. This ''Matter'' shall mean Michael Smith Baker v. Detective Anthony German, et al., 15 Civ. 7296 (KPF).

         2. ''Plaintiff'' shall mean Michael Smith-Baker.

         3. ''Defendants'' shall mean Detective Anthony German and Detective Frederico Irizarry.

         4. As used herein, ''Confidential Materials''[1] shall mean the photographs, negatives or digital camera files, print images, notes, computer-generated likenesses or visual depictions of any kind whatsoever relating to any inspection of the interior of the 1st Precinct. The City of New York deems these materials as confidential because of security, law enforcement, governmental and/or privacy interests of the City of New York, its employees, and detainees. These materials shall be deemed confidential except that such documents and ...


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