Baptiste v. Griffin et al

Filing 53

ORDER with respect to 51 Motion to Seal. Defendant is directed to submit a proposed order. The Clerk of the Court is directed to mail a copy of this endorsement to pro se Plaintiff and show service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/31/2021) (kv) Transmission to Docket Assistant Clerk for processing.

Defendant is directed to submit a proposed order. The Clerk
of the Court is directed to mail a copy of this endorsement
to pro se Plaintiff and show service on the docket.
Dated: 3/31/2021
White Plains, NY

3/31/2021

STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL
LETITIA JAMES

DIVISION OF STATE COUNSEL

ATTORNEY GENERAL

LITIGATION BUREAU

Writer’s Direct Dial: [phone]

Via ECF
Hon. Nelson S. Román
The Hon. Charles L. Brieant Jr.
Federal Building and United States Courthouse
300 Quarropas St.
White Plains, NY 10601-4150
Dear Judge Román:

March 30, 2021

Re: Baptiste v. Griffin, 18 CV 7274 (NSR)

This Office represents defendant C.O. Nagy (“Defendant”) in the above action. Pursuant
to the Scheduling order adopted by the Court, C.O. Nagy’s motion for summary judgment is to be
served on April 12, 2021, and filed on June 15, 2021. (Dkt. No. 50). In anticipation of filing the
motion, we write pursuant to Section IV(A) of Your Honor’s Individual Rules, and the Southern
District of New York’s Sealed Records Filing Instructions, to respectfully request leave to file,
under seal, the photographs to be attached as exhibits to the Declaration of Michael Nagy in
support of Defendant’s Motion for Summary Judgment. These photographs depict the West Mess
Hall at the correctional facility and were taken on August 3, 2015, after the incident. The basis for
this request is that publication of these photographs presents serious safety and security concerns
that could jeopardize the correctional facility. This letter motion is being filed under public view,
and the proposed sealed photographs are separately filed electronically under seal as related to this
motion.
We also respectfully request, due to the safety and security concerns involved, that Plaintiff
only be permitted to view, but not keep, the photographs in conjunction with Defendant Nagy’s
declaration. The parties previously utilized such a procedure during the discovery process to
review such security sensitive materials. Plaintiff was permitted to view approximately 15
photographs, from the date of the incident, at the correctional facility in which he is housed. Should
the Court grant the request, after serving the motion papers, arrangements will be made for Mr.
Baptiste to review the photographs at his correctional facility.

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

Page 2

Hon. Nelson S. Román
March 30, 2021
We thank Your Honor for your attention to this matter.

Respectfully Submitted,
/s/
Julinda Dawkins
Assistant Attorney General
Cc:

Malcolm Baptiste
DIN 96-A-4708
(Via Frist Class Mail)

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