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Young v. Kinne

United States District Court, S.D. New York

January 7, 2020

AARON ISAIAH YOUNG Plaintiff,
v.
C.O. CHRISTOPHER J. KINNE, CO. BRUCE D. TUCKER, CO. SCOTT A. RUPERT, CO. TROY LAURIA, CO. CHAD W. EASTBROOK, SERGEANT MICHAEL D. LOFRESE, LIEUTENANT JOHN B. HOEFLING and CAPTAIN A. RUSSO. Defendants.

          Alan Levine, Esq. Law Office of Alan D. Levine

          LETITIA JAMES Attorney General of the State of New York Attorney for Defendants Janice L. Powers Assistant Attorney General

          AMENDED STIPULATION AND ORDER

          JUDITH C. MACCARTHY UNITED STATES MAGISTRATE JUDGE

         WHEREAS, Defendants CO. CHRISTOPHER J. KINNE, CO. TROY LAURIA, CO. CHAD W. EASTBROOK, and CAPTAIN A. RUSSO (collectively referred to herein as "Defendants") have agreed to produce to Counsel for Plaintiff a copy of the case file ("Protected Records") designated as Case File IAD/14/1115, prepared by the New York State Department of Corrections and Community Supervision's Office of Special Investigations ("OSI") in a redacted form.

         WHEREAS, said Protected Records include the names of witnesses and other information that could impair future investigations, implicate security concerns, and are protected from disclosure by law enforcement privilege.

         WHEREAS, the 0S1 is concerned that its ability to conduct future investigations will be compromised if sufficient measures are not taken to protect the confidentiality of witnesses.

         WHEREAS, Plaintiff's Counsel recognizes that the Protected Records are confidential and could cause harm if disclosed, and acknowledges that the Defendants are producing these materials in advance of trial in reliance upon the assurance that the materials will continue to be treated as "CONFIDENTIAL - ATTORNEYS' EYES ONLY" pursuant to the terms set forth in this Protective Order.

         IT IS THEREFORE AGREED AND STIPULATED, by and among the parties and subject to further Order of the Court, that:

         1. Copies of documents from the OSI Case File in redacted form bearing the designation "CONFIDENTIAL -ATTORNEYS' EYES ONLY" will be produced to Plaintiff's attorney within fourteen (14) days of this agreement being so-ordered by the Court.

         2. Redactions shall include all social security numbers and personal addresses of any employee of DOCCS or witness contained within the Protected Records.

         3. The Protected Records may only be disclosed to the following:

a. Plaintiff's counsel or record and employees of Plaintiffs counsel (e.g. secretaries, legal assistants, paralegals, clerical employees, outside copying and document management service employees working under the direct supervision of Plaintiffs counsel);
b. The Court, its officers, and its employees;
c. Court reporter engaged for depositions and those persons, if any, specifically engaged for the limited purpose of making photocopies of documents or transcripts; and d. Consultants, investigators, or experts engaged by Plaintiff's ...

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