Opinion
15-cv-6108 (EAW)(MWP)
10-13-2023
TOMMY LEE BROWN, Plaintiff, v. JONES, et al. Defendants.
ORDER TO PRODUCE
HON. ELIZABETH A. WOLFORD, CHIEF JUDGE UNITED STATES DISTRICT COURT.
TO: Ernest J. Lowerre, Superintendent
Five Points Correctional Facility
6600 State Route 96
Romulus, New York 14541
WHEREAS Tommy Lee Brown 98A5078 (“Plaintiff”) is Plaintiff in the abovecaptioned matter;
WHEREAS Plaintiff is currently in custody at Five Points Correctional Facility in Romulus, New York;
WHEREAS Amy Jane Agnew, Esq. serves as pro bono counsel to Mr. Brown's guardian ad litem; and
WHEREAS Ms. Agnew has retained a forensic psychiatrist located in Texas who needs to confidentially assess and speak with Mr. Brown; and
WHEREAS, Ms. Agnew needs to attend the session in person at Five Points so she can be available to Mr. Brown and the expert during the assessment as necessary; and
NOW THEREFORE, IT IS ORDERED that the FIVE POINTS CORRECTIONAL FACILITY produce Tommy Lee Brown DIN #98A5078 at any time convenient to the facility for a privileged and confidential two hour video conference call during the week of October 23, 2023 or October 30, 2023 that is available to Five Points, Ms. Agnew, and her expert; and
IT IS FURTHER ORDERED that Plaintiff must be allowed to participate in the video conference in a privileged and confidential manner with the presence of Ms. Agnew, but without the presence of any other third parties in the room, unless safety and security issues necessitate the termination of Mr. Brown's presence on the call.
So ordered: