United States District Court, W.D. North Carolina, Charlotte Division
AJANAKU E. MURDOCK, Plaintiff,
KEVIN INGRAM, et al., Defendants.
D, WHITNEY CHIEF UNITED STATES DISTRICT JUDGE
MATTER is before the Court on Defendant Kevin
Ingram's Motion for Protective Order pursuant to Rule
26(c)(1) of the Federal Rules of Civil Procedure, (Doc. No.
28). The Motion is GRANTED as follows:
order for Defendant Kevin Ingram (“Defendant”) to
respond to Plaintiff's discovery request he will be
required to produce information (which term includes data or
data compilations in the form of documents, electronic media,
testimony, or any other form or medium) that is otherwise
confidential. It is anticipated that some portion of the
confidential information relates to current or former inmates
in the custody of the Division of Adult Correction of the
Department of Public Safety (“DPS”), including
Plaintiff, or relates to current or former employees of DPS,
including Defendant. This confidential information
(“Confidential Information”) is expected to
include inmate records deemed confidential pursuant to N.C.
G.S. §§ 148-74 and -76, and may include information
that is confidential under 42 CFR 2.1, et seq., N.C. G.S.
§ 122C-52, and the federal Health Insurance Portability
and Accountability Act. In light of the confidentiality of
this material, and in an effort to protect that
confidentiality, Defendant requires the entry of a consent
order to release the Confidential Information and to ensure
that the Confidential Information is not disclosed or used
for any purpose other than in connection with this
litigation. In the interests of justice and to further the
legitimate causes of this litigation, Defendant agrees to
disclose the Confidential Information in his possession,
custody, or control, subject to the conditions set forth
herein and adopted by the Court. Accordingly, it is hereby
Scope of the Order. This Order applies to all information
produced by the Defendant in response to Plaintiff's
discovery requests and thereafter 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.
of Confidential Information. All 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
Disclosure. “Disclose” or
“disclosure” means to provide, impart, transmit,
transfer, convey, publish, or otherwise make available.
Confidential Information. “Confidential
Information” is defined as follows:
a. Any personnel files, as that term is defined in N.C. G.S.
§ 126-22(3), maintained by DPS.
b. The medical records of Defendant.
c. The financial records, telephone records, and e-mail
records of Defendant.
d. Reports of, investigations into, and any findings
regarding alleged incidents of sexual misconduct or use of
force by current or former employees of DPS.
e. The medical and mental health records generated in the
treatment or handling of current or former inmates during
their incarceration within DPS which are deemed confidential
by N.C. G.S. §§ 148-74 and -76.
f. Records generated in the housing and handling of current
or former inmates during their incarceration within the DPS,
including video recordings, which are deemed confidential by
N.C. G.S. §§ 148-74 and -76.
g. Highly sensitive security information as it relates to
investigations, security designations, staffing patterns and
logs, schematic or other drawings and diagrams, and ...