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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48377

Magistrate Judge Pitman

PLAINTIFF BROUGHT a civil rights action, alleging he was the victim of a series of baseless arrests and criminal prosecutions instigated by defendants and other conspirators. Plaintiff contended that a series of abuses was perpetrated to drive him from his apartment and neighborhood and to punish him for his criticism of his arrests, prosecution, and treatment by defendants and their conspirators. Defendants moved to compel production of part of the audio portion of a video tape made by plaintiff, which shows two of the alleged conspirators talking outside of plaintiff’s building. The video tape then shows plaintiff providing his interpretation, based on lip reading, of what the two defendants said to each other. The court denied defendants’ motion, ruling that the tape’s audio portion is protectable as work product since it sets forth plaintiff’s analysis of a conversation between defendants and sets forth his beliefs concerning the relevance of the conversation to the criminal proceeding against him.

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