Askew v. Ford et al

Filing 52

PROTECTIVE ORDER. Signed by Magistrate Judge J. Thomas Ray on 11/9/2017. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
BRANDON ASKEW, ADC #128557
v.

PLAINTIFF

CASE NO. 2:16-CV-163 KGB/JTR

RODNEY FORD, ET AL.

DEFENDANTS

PROTECTIVE ORDER
The parties stipulate and the Court orders:

1.

Plaintiff, Brandon Askew, is an inmate incarcerated in the Arkansas

Department of Correction. The Defendants are either former or current employees
of the ADC.
2.
case.

Plaintiff and Defendants are currently conducting discovery in the above

Plaintiff, by and through his counsel1, has requested information and

documents from Defendants.

For example, Plaintiff has requested the staffing

protocols and other policies for the Arkansas Department of Correction related to
security measures that may not be accessible to inmates due to safety and security
concerns.

Plaintiff has also sought records of several other inmates, and the

responses to Plaintiff’s pending discovery may include confidential and sensitive
information from several additional inmates. These examples are not exhaustive.

1

The court ordered Defendants to produce discovery responses to Plaintiff’s newly appointed counsel.

Exhibit A

3.

It has long been the policy/practice of the Arkansas Department of

Correction to prohibit inmates from gaining access to records, documents,
information, and files that reveal confidential and private information concerning
Arkansas Department of Correction employees, both current and former.
4.

It has long been the policy/practice of the Arkansas Department of

Correction to prohibit inmates from gaining access to records, documents,
information, and files concerning other inmates.
5.

Defendants believe that if requested information and documents are

released and/or provided to an inmate, it would be not only prohibited contraband but
would also be a threat to security and the good order of the institution
6.

The parties anticipate that plaintiff may requests additional discovery

including the depositions of witnesses/parties.

Plaintiff’s counsel may question

Defendants regarding confidential matters, which defendants believe that if released
to an inmate would also be a threat to security and the good order of the institution.
7.

In order to resolve any confidentiality issues during the completion of

discovery, Defendants have requested and Plaintiff, through legal counsel, has agreed
to enter into this protective order as follows:


“Counsel” is defined as counsel of record of the parties, and future
counsel of record, their respective support staff including secretaries,
para-professional assistants, and other assistants to whom it is
necessary to disclose protected information for the purpose of this action.

Exhibit A



“Qualified Individuals” are counsel of record, experts and other
employees of such counsel who would be actively engaged in assisting
counsel in connection with this action, court personnel, witnesses at trial
or deposition, and the jury.



“Confidential or Protected information or documents” includes
information or documents concerning other inmates; plaintiff’s
institutional file; ADC staff investigations, disciplinary actions
concerning inmates and/or ADC security officers; ADC staffing records;
ADC rules, regulations, policies, and guidelines that are not accessible
to inmates; confidential ADC policies, rules, regulations, and guidelines;
personnel

matters,

including

social

security

numbers,

contact

information, medical information, disciplinary records, salary/pay
records, private personal information, such as but not limited to
identification of family members; personnel and employment files,
institutional records related to the care, custody, confinement or
discipline of individual presently or previously committed to the custody
of the Arkansas Department of Correction or any other correctional
facility, security camera footage, security logs, medical and financial
records. Protected information or documents also includes transcripts
of the defendants and information or documents deemed protected
information or documents by the parties.

Exhibit A



The parties agree that protected information or documents will be held
in confidence by counsel for plaintiff and will not be used for any purpose
other than preparing and presenting the plaintiff’s case to the United
States District Court or to any court on appeal.

Any protected

information or documents shall remain in the custody of plaintiff’s
counsel and shall not be made available to Plaintiff or presented in any
manner to him for examination.


Protected information or documents shall not be disclosed nor shall
copies be provided to plaintiff provided, however, that this provision
shall not apply to the incidental disclosure to plaintiff during the course
of arguments, evidence, or testimony presented at the trial of this
matter. If any party desires protection against the incidental disclosure
of such information or documents during the course of the trial of this
matter, he or she may request additional relief by raising such matters
to the Court.



Neither plaintiff nor counsel for plaintiff shall, in any manner, transfer
or communicate any of the protected information or documents to any
person not a party to this litigation or deemed a consulting or testifying
expert in this case.



All protected information or documents furnished to counsel for plaintiff
shall be destroyed or returned to defendants’ counsel at the conclusion
of this litigation and no later than ninety days following any final order

Exhibit A

and/or judgment. Neither plaintiff nor counsel for plaintiff will retain
any copies.


The parties agree that if records containing the protected information or
documents are used in any motions, trial exhibits or are otherwise filed
with the District Court, said records will be filed “under seal.” However,
apart from the requirement that the records be filed “under seal,”
nothing herein shall be construed to affect in any manner the use of
admissibility at trial or any other court proceeding of any document,
testimony, or other evidence.



A party may declare, at the time of production, any information
produced by that party to be Confidential or Protected Information and
subject to this Order.

Materials that are being designated as

confidential/protected should be stamped “Confidential,” or if Bates
numbers are used, documents may be designated as confidential by
bates number in a letter.

A party may oppose a confidentiality

designation in writing within 10 days of the designation, at which time
the parties shall engage in a good faith effort to resolve the issue, and
may move to remove the confidentiality designation if that fails.
8.

Except with the prior written consent of the Defendant, or pursuant to

further Order of this Court on motion with notice to the Defendant, no Confidential
Information may be disclosed to any person other than “Qualified Persons.”

Exhibit A

IT IS SO ORDERED this 9th day of November, 2017.

____________________________________________
Honorable Judge J. Thomas Ray
Chief Magistrate Judge
APPROVED AS TO FORM:
By:

/s/ Kat Hodge
Ka Tina R. Hodge
Ark. Bar No. 2003100
Assistant Attorney General
Arkansas Attorney General's Office
323 Center Street, Suite 200
Little Rock, AR 72201
[phone]
[e-mail]
Attorneys for the Defendants
/s/ Gene McKissic
Gene McKissic & Associates
P.O. Box 9587
Pine Bluff, Arkansas 71611
[phone]
[e-mail]
[e-mail]

Exhibit A