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Martin v. Murray

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

August 1, 2018

MITCHELL JOSEPH MARTIN, Plaintiff,
v.
CHAD MURRAY, et al., Defendants.

          CONSENT PROTECTIVE ORDER

          Frank D. Whitney Chief United States District Judge

         THIS MATTER is before the Court on the parties' Joint Consent Order for the Production of Medical Records & PHI, (Doc. No. 26). The Motion is granted as follows.

         Plaintiff's allegations against Defendants include claims that Det. Chad Murray arrested plaintiff on July 19, 2017, that Det. Murray ignored plaintiff's plea for medical treatment or to be taken to a hospital when the plaintiff informed him that his left hand was fractured and took him to the detention center for booking; that Sergeant Patterson ignored plaintiff's request for medical treatment when the plaintiff informed him that his left hand was fractured and booked and assigned plaintiff to a regular population cell; that Jail Administrator Lydia Waddell did not respond to either of plaintiff's grievances concerning the defendants; and that Rachel Ruppe treated plaintif four days after his arrest for a left hand injury sustained just prior to his arrest, ordered an x-ray, applied an Ace bandage, provided him with several packets of ibuprofen but never informed the plaintiff of the results of the x-ray. Plaintiff alleges that as a result of this failure to treat the fracture to his left hand that the bones healed improperly causing him to require surgery in February 2018. The plaintiff was held at the Rutherford County Detention Center from July 19, 2017, to October 27, 2017, at which time he was transferred to the custody of the NC Department of Corrections. Murray, Patterson, and Waddell are being represented by Sean Perrin. Ruppe is being represented by Ginger Hunsucker.

         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 Defendants Murray, Patterson, Waddell & Ruppe (hereinafter “Defendants”), to obtain in order to defend against Plaintiff's 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 Plaintiff, an inmate 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 Womble Bond Dickinson (US) LLP and Cranfill, Sumner & Hartzog, Counsel for Defendants, 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 Defendants. 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 pretrial, 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 Mitchell Joseph Martin 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 Mitchell Joseph Martin;
(3) The mental health records maintained by the DAC pertaining to Plaintiff Mitchell Joseph Martin; and
(4) Other documents, materials, or 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 Consent Order.

         5. Disclosure of Confidential Information. General Confidential Information shall ...


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