United States District Court, W.D. North Carolina, Charlotte Division
MICHAEL S. HARPER, Plaintiff,
TERRY LEMON, FNU WHITLEY, Defendants.
DEFENDANTS: JOSH STEIN Attorney General
Kimberly D. Grande Assistant Attorney General
PLAINTIFF: D. Jared Nobles, Jr.
C. Mullen, United States District Judge
Joint Motion for Protective Order, filed by Defendants Terry
Lemon and FNU Whitley, (Doc. No. 64), the motion is hereby
GRANTED, according to the following terms:
discovery process in this action may involve the production
of information (which term includes, but is not limited to,
data or data compilations in the form of documents,
electronic media, testimony, or any other form or medium and
documents in possession of the North Carolina Department of
Public Safety (“NCDPS”) regarding Plaintiff
Michael Harper (OPUS #1078044) and other individuals who are
or have been in custody with or employed by NCDPS that a
party contends is confidential. Good cause exists for the
entry of a protective order limiting the disclosure of such
to Fed.R.Civ.P. 26(c), it is ORDERED as follows:
Scope of the Order.
Order applies to all information produced in discovery,
filed, or otherwise presented in the course of the
prosecution or defense of this action, provided that the
presiding judicial officer shall determine the procedure for
presentation of Confidential Information at pre-trial
hearings and trial.
Use of Confidential Information.
Confidential Information, as defined in this Order, shall be
used solely in the prosecution or defense of this action
including, but not limited to, mediation, other alternative
dispute resolution processes, any other settlement process,
and all other pretrial, trial, and post-trial proceedings in
this action, and shall not be used or disclosed by any person
for any other purpose.
or “disclosure” means to provide, impart,
transmit, transfer, convey, publish, or otherwise make
“Confidential Information” consists of
“General Confidential Information” and
“Attorneys' Eyes Only Confidential Information,
” which are defined as follows:
“General Confidential Information”
1) The personnel file, as that term is defined in N.C. G.S.
§ 126-22(3), maintained by the North Carolina Department
of Public Safety (“DPS”) of any current or former
employee of the DPS, excluding personal information about the
employee as described in Paragraph 4(b)(1).
2) The medical and mental health records generated in the
treatment or handling of the named Plaintiff during his
incarceration within the NCDPS which are deemed confidential
by N.C. G.S. §§ 148-74 and -76.
3) Records generated in the housing and handling of the named
Plaintiff during his incarceration within the NCDPS,
including video recordings, which are deemed confidential by
N.C. G.S. §§ 148-74 and -76.
4) Other information that is potentially embarrassing or
invasive of the privacy of a person not a party to this
litigation and therefore an appropriate subject of a
protective order under ...