United States District Court, S.D. New York
WOAN, Pro Bono Counsel for Plaintiff.
E. JOHNSON Corporation Counsel of the City of New York
Attorney for Defendants.
BADIVULU Pro Bono Counsel for Plaintiff.
STIPULATION AND PROTECTIVE ORDER CONCERNING
INSPECTION OF THE 1ST PRECINCT OF THE NEW YORK CITY POLICE
KATHERINE POLK FAILLA UNITED STATES DISTRICT JUDGE.
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
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
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
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
good cause exists for the entry of an order pursuant to Rule
26(c) of the Federal Rules of Civil Procedure;
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by
and between the undersigned, attorneys for Plaintiff and
Defendants, respectively, as follows:
''Matter'' shall mean Michael Smith Baker
v. Detective Anthony German, et al., 15 Civ. 7296 (KPF).
''Plaintiff'' shall mean Michael Smith-Baker.
''Defendants'' shall mean Detective Anthony
German and Detective Frederico Irizarry.
used herein, ''Confidential
Materials'' 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