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Lewis v. NC Department of Public Safety

United States District Court, W.D. North Carolina, Asheville Division

April 24, 2018

BRIAN K. LEWIS, et al., Plaintiffs,
v.
NC DEPARTMENT OF PUBLIC SAFETY, et al., Defendants.

          CONSENT PROTECTIVE ORDER

          Frank D. Whitney, Chief United States District Judge

         THIS MATTER is before the Court on Defendant D'Amico's Motion for Consent Protective Order Authorizing Release of Department of Public Safety Files, (Doc. No. 73). The Motion is granted as follows.

         Certain additional confidential documents, material, and information (hereinafter, “Confidential Information”) in the possession, custody or control of the North Carolina Department of Public Safety, Division of Adult Correction (hereinafter, “the DAC”) is necessary for Defendant Keith C. D'Amico, PA to obtain in order to defend against Plaintiffs' allegations in the above named suit and it may be necessary that additional Confidential Information will need to be disclosed during the course of this litigation. It is anticipated that some portion of the Confidential Information relates to Plaintiffs, inmates currently or formerly in the custody of the DAC, or relates to current or former employees, contract employees or independent contractors of the DAC. The Confidential Information is expected to include inmate records deemed confidential pursuant to N.C. G.S. §§ 148-74 and -76. In addition, the information may also be confidential under 42 CFR 2.1 et seq., N.C. G.S. § 122C-52, and HIPAA. In light of the confidentiality of this material, and in an effort to protect that confidentiality, the DAC requires the entry of a consent order to order the release of additional Confidential Information and to ensure that the additional Confidential Information is not disclosed or used for any purpose except in connection with this litigation. In the interests of justice and to further the legitimate causes of this litigation, the DAC agrees to disclose the additional Confidential Information in its custody and possession to Shumaker, Loop, & Kendrick, LLP, Counsel for Defendant D'Amico, subject to the conditions set forth herein and adopted by the Court. Accordingly, upon the agreement of counsel, it is hereby ORDERED that:

         1. Scope of the Order. This Order requires DAC to disclose Confidential Information, as defined and designated in accordance with this Order, to Counsel for Defendant D'Amico. This Order governs the handling and disclosure of all documents, materials and information identified, produced, given, exchanged, obtained, or filed herein and which are designated by DAC as “confidential information.” 2. Agreement on Use of Confidential Information. All Confidential Information, as defined and designated in accordance with 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 pre-trial, trial and post-trial proceedings in this action and shall not be used or disclosed by any person for any other purpose.

         3. “Disclosure.” When used in this Order, the term “Disclosure” shall mean to provide, impart, transmit, transfer, convey, publish, or otherwise make available.

         4. “Confidential Information.” For the purposes of this Order and during the course of this litigation, the parties to this Order identify “General Confidential Information” and define it as follows:

         a. “General Confidential Information” means:

         (1) Inmate records of Plaintiff Brian K. Lewis including, but not limited to, grievances, use-of-force reports, incident reports, external and internal movement records, confidential inmate witness statements provided in the course of disciplinary investigations, and infraction reports pertaining to Plaintiff;

         (2) The medical records maintained by the DAC pertaining to Plaintiff Brian K. Lewis;

         (3) The mental health records maintained by the DAC pertaining to Plaintiff Brian K. Lewis

         (4) Inmate records of Plaintiff Jaime R. Spake, including, but not limited to, grievances, use-of-force reports, incident reports, external and internal movement records, confidential inmate witness statements provided in the course of disciplinary investigations, and infraction reports pertaining to Plaintiff;

         (5) The medical records maintained by the DAC pertaining to Plaintiff Jaime R. Spake;

         (6) The mental health records maintained by the DAC pertaining to Plaintiff Jaime R. Spake; and

         (7) Other documents, materials, or information that are potentially embarrassing or invasive of the privacy of a person not a party to this litigation and ...


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