Smolen, Jr. v. Wesley et al

Filing 166

ORDER granting 165 Letter Motion for Discovery. Application granted. The parties are directed to file a proposed Stipulated Confidentiality Agreement and Protective Order, with the addendum described herein, by 5:00 p.m. on May 9, 2022. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 165. (Signed by Judge Philip M. Halpern on 5/5/2022) (ate)

Case 7:16-cv-02417-PMH Document 166 Filed 05/05/22 Page 1 of 2

Application granted.

STATE OF NEW YORK
The parties are directed to file a proposed Stipulated
Confidentiality Agreement and
OFFICE OF THE ATTORNEY GENERAL Protective Order, with the
LETITIA JAMES
ATTORNEY GENERAL

addendum described herein, by 5:00 p.m. on May 9, 2022.
DIVISION OF STATE COUNSEL
The Clerk of the Court is respectfully directed to terminate
LITIGATION BUREAU
the motion sequence pending at Doc. 165.
Writer’s Direct Dial: [phone]
SO ORDERED.

May 4, 2022

Via ECF
Honorable Philip M. Halpern
Hon. Charles L. Brieant Jr.
Federal Building and Courthouse
300 Quarropas Street, Room 530
White Plains, New York 10601

_______________________
Philip M. Halpern
United States District Judge
Dated: White Plains, New York
May 5, 2022

Re: Smolen Jr. v. Wesley, 16 Civ 2417 (PMH)
Dear Judge Halpern:
This Office represents Defendants Wesley, Stevens, Lampon, Connelly, Pollic, Pressley,
and Cabral (“Defendants”) in the above-captioned case. I write, with consent from Plaintiff’s
counsel, to request a deviation from the Court’s stipulation and protective order to include a
provision limiting Plaintiff’s access to Confidential Information.
Plaintiff brings this 42 U.S.C. § 1983 action claiming that while incarcerated at Green
Haven Correctional Facility, he was assaulted by correction officers on two separate dates. As a
result of Plaintiff’s allegations, the Department of Correction and Community Supervision’s
(“DOCCS”) Office of Special Investigations (“OSI”), or its predecessor entity the DOCCS Office
of the Inspector General, conducted an investigation and issued a report. DOCCS treats all
documents pertaining to the OSI or Inspector General Office’s investigation as highly confidential
because they contain names of witnesses and other information that could impair future
investigations and are therefore protected by the Law Enforcement Privilege. Balancing Plaintiff’s
need for discovery with DOCCS’s need to protect its ability to conduct future investigations,
DOCCS will agree to provide the OSI or Inspector General Office’s documents to Plaintiff’s
counsel, with social security numbers and any personal address of any DOCCS employee or
witness redacted, under an Attorneys Eyes Only confidentiality provision. Plaintiff is currently
incarcerated and should not be permitted access to this sensitive security information.
The Court’s stipulation and protective order does not encompass sensitive law enforcement
documents such as OSI or Inspector General Office’s investigatory documents. Accordingly,
Defendants propose an addendum to the Court’s stipulation and protective order, substantially
28 Liberty Street, New York, New York 10005 ● Tel.: [phone] ● Fax: [phone] (Not For Service of Papers)
http://www.ag.ny.gov

Case 7:16-cv-02417-PMH Document 166 Filed 05/05/22 Page 2 of 2

identical to that agreed by the parties and approved by Your Honor in the case of Chin v. CO PT
Squire, 20-Cv-3711 (see Docket Nos. 76-79 therein), in the form attached hereto.
We thank the Court for its attention to this matter.
Respectfully Submitted,
/s/
Gee Won Cha
Assistant Attorney General
[e-mail]
cc:

Plaintiff’s Counsel (via ECF)

28 Liberty Street, New York, New York 10005 ● Tel.: [phone] ● Fax: [phone] (Not For Service of Papers)
http://www.ag.ny.gov