United States District Court, W.D. North Carolina, Charlotte Division
D. WHITNEY CHIEF UNITED STATES DISTRICT JUDGE.
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:
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
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.
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.
Disclosure. “Disclose” or
“disclosure” means to provide, impart, transmit,
transfer, convey, publish, or otherwise make available.
Confidential Information. “Confidential
Information” is defined as follows:
personnel files, as that term is defined in N.C. G.S. §
126-22(3), maintained by DPS.
medical records of Plaintiff.
financial records, telephone records, and e-mail records of
Reports of, investigations into, and any findings regarding
alleged incidents of sexual misconduct or use of force by
current or former employees of DPS.
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.
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.
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.
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