Malone v. Hinman et al

Filing 7

PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 1/23/14. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JACOBI P. MALONE
v.

PLAINTIFF
No. 4:13-cv-403 DPM

ROBERT HINMAN, Individually and in his
Official Capacities; CITY OF LITTLE ROCK,
a Municipal Corporation and Public Body
Corporate and Politic; and STUART THOMAS,
Individually and in his Official Capacity as
Chief of Police, Little Rock Police Department

DEFENDANTS

PROTECTIVE ORDER
The parties stipulate, and the Court Orders as follows:
1.

During the course of litigation of this case, Plaintiff has

requested that Defendants provide certain documents in discovery that
contain confidential and personal information. These documents include
personnel files of Separate Defendant Robert Hinman, and other
employees of the Little Rock Police Department who are not parties to this
action. The requested documents also include investigative files in the
possession of the LRPD.
2.

The investigative files contain some information that is

confidential and not available to the general public.

This confidential

information includes social security numbers, driver's license numbers,
employee identification numbers, home addresses, unlisted telephone
numbers, credit card and bank account numbers, medical records and
Arkansas Crime Information Center criminal history information.
3.

Some of these files may involve investigations of employees

that did not result in disciplinary action, or resulted in disciplinary action
that did not involve a suspension, demotion, or termination. Documents
and other materials that are generated by Internal Affairs investigations
that do not result in suspension, demotion, or termination are not available
to the public, even under the provisions of the Arkansas Freedom of
Information Act. See Ark. Code Ann. §25-19-105(c)(l). These materials shall
be maintained as confidential by Plaintiff's counsel and not distributed
except as provided in paragraph 5 of this Order.
4.

The personnel files that have been requested contain the same

confidential and personal information pertaining to LRPD employees that
is listed in Paragraph 2 of this Order.

In addition, the personnel files

contain other confidential and personal information not included in the
investigative files. This information includes marital and similar family

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information, tax withholding, and payroll deductions, and employee
benefit information.
5.

Counsel for the parties have agreed, and the Court orders, that

all documents contained in the files produced by the Defendants in
response to discovery requests from the Plaintiff, including all confidential
and personal information identified in paragraphs 2, 3, and 4, shall be used
solely for the purpose of litigating this case and that documents contained
in the files shall not be disclosed except as permitted by this Order.
Further, before providing counsel with any documents, counsel for the
Defendants is directed to ensure that confidential and personal information
identified in paragraphs 2, 3, and 4 is redacted. The only exception to this
is any medical records of Plaintiff Jacobi Malone. This type of information
shall not be redacted, but is subject to all other terms and conditions of this
Order.
6.

Those subject to this Order are the parties to the action,

including all of their officers, directors, employees, attorneys, consultants,
and any experts whether retained as consultants or witnesses. Documents
produced by the Defendants, and any information contained in the
documents, may be disclosed only to the parties, the parties' attorneys of
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record, employees of the parties' attorneys, and any expert witnesses
retained by the parties in connection with this action. The documents shall
not be disclosed to any other person, partnership, firm, corporation, or any
other person or entity. Copies of all of these files produced in discovery
shall be maintained in the custody of the parties' counsel and not
distributed to anyone with the exception of an expert witness retained by
counsel for the parties as a consultant or witness. The parties are strictly
forbidden from disseminating any documents covered by this Order to
anyone and are likewise directed not to discuss any information contained
in any of the documents with anyone other than those persons authorized
by this Order. Counsel and the parties in this case understand and agree
that a violation of the provisions of this Order could subject them to a
finding of contempt of Court.
7.

This Order is entered based on the representations and

agreements of the parties and for the purpose of facilitating discovery.
Nothing in the Order will be construed as a judicial determination that any
specific document or item of information is admissible in evidence at the
trial of this case. Furthermore, by stipulating to the entry of this Order, no

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party waives any right or objection it would otherwise have in absence of
the Order.
8.

Within thirty days of the final termination of this action,

including all appeals, counsel for the Plaintiff shall serve an affidavit of
destruction on counsel for the Defendants attesting that all documents
produced in discovery or obtained otherwise, including all copies made of
any documents, have been destroyed.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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