United States District Court, W.D. North Carolina, Asheville Division
STIPULATED PROTECTIVE ORDER
MATTER is before the Court on the parties' Joint
Motion for Protective Order, (Doc. No. 170).
parties agree that the discovery process in this action may
involve the production of information and documents in the
possession of Plaintiff Marion Lamont Sherrod
(“Sherrod”) or the North Carolina Department of
Public Safety (“NCDPS”) regarding Sherrod and/or
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 information Pursuant to Rule
26(c) of the Federal Rules of Civil Procedure.
IS, THEREFORE, ORDERED that the Joint Motion for
Protective Order, (Doc, No. 170), is GRANTED
Scope of the Order. This 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, as defined in this Order, at pre-trial hearings
Use of Confidential Information. All Confidential
Information 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.
Disclosure. “Disclose” or
“disclosure” means to provide, impart, transmit,
transfer, convey, publish, or otherwise make available.
Confidential Information. “Confidential
Information” consists of “General Confidential
Information” and “Attorneys' Eyes Only
Confidential Information, ” which are defined as
a. “General Confidential Information”
1) The personnel file, as that term is defined in N.C. G.S.
§ 126-22(3), maintained by the NCDPS of any current or
former employee of the NCDPS, 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 Rule 26(c)(1) of the Federal Rules of
5) Reports of, investigations into, and any findings
regarding alleged incidents of excessive force by any named
Defendant against Plaintiff or anyone other than the named
6) Any other information, the disclosure of which a party
believes in good faith would be harmful or prejudicial to it
or another person.
b. “Attorneys' Eyes Only Confidential
1) Information including reports, records, and all other
documents pertaining to other inmates not named as a