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Murdock v. Thompson

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

April 11, 2019

AJANAKU MURDOCK, Plaintiff,
v.
CHRISTINA THOMPSON, et al., Defendants.

          PROTECTIVE ORDER

          FRANK D. WHITNEY CHIEF UNITED STATES DISTRICT JUDGE.

         THIS MATTER comes before the Court on Defendants' Motion for Protective Order, (Doc. No. 42). Plaintiff opposes the Motion, arguing that it is unnecessary, burdensome, and time consuming. (Doc. No. 44). The Motion is GRANTED as follows:

         In order for Defendants Christina Thompson, Donna McAllister, Wesley Mabry, Donna Houser and Elizabeth Paul (“Defendants”) to respond to Plaintiff's discovery request they 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 Defendants. 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, Defendants require the entry of a protective 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, Defendants agree to disclose the Confidential Information in their possession, custody, or control, subject to the conditions set forth herein and adopted by the Court. Accordingly, it is hereby ORDERED that:

         1. Scope of the Order. This Order applies to all information produced by the Defendants 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.

         2. Use 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 other purpose.

         3. Disclosure. “Disclose” or “disclosure” means to provide, impart, transmit, transfer, convey, publish, or otherwise make available.

         4. 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 Plaintiff.

         c. The financial records, telephone records, and e-mail records of Defendants.

         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 other sensitive security information.

         h. 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 ...


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