Palmer v. Vasquez et al

Filing 40

ORDER DENYING 39 Request for Release of Mental Health Records, signed by Magistrate Judge Jennifer L. Thurston on 1/27/2015. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BENITA PALMER, et al.,
Plaintiffs,

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v.
SALVADOR VASQUEZ, et al.,
Defendants.

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Case No.: 1:13-cv-01400 - AWI - JLT
ORDER DENYING REQUEST FOR RELEASE OF
MENTAL HEALTH RECORDS
(Doc. 14)

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In this case, Plaintiffs’ decedent was killed by his cellmate, Anthony Taylor, while housed at

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the California Correctional Institution in Tehachapi, California. (Doc. 28 at 3, 4-5) Plaintiffs claim

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that the decedent should not have been housed with Taylor who was a convicted murderer and had

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known proclivities for possessing weapons and for injuring inmates and others. Id. at 4, 7. Likewise,

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they allege Defendants failed to provide adequate supervision of the decedent, due, in part, to prison

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overcrowding. Id. at 5.

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Over the last few months, Plaintiffs have sought records of inmate Taylor from Defendants

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who, apparently, have provided the CDCR’s Central File on Taylor. (Doc. 39 at 2-11) Apparently,

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many documents contained in the file demonstrate that Taylor had been involved in numerous acts of

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violence and threats of violence against co-inmates and staff members. Id. The record demonstrates

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also that Taylor was found to meet the criteria for receipt of mental health services and was found to

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be in need of psychotropic medication. Id. at 3-5, 7-10.

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Plaintiffs have also sought the mental health records for Taylor. (Doc. 36 at 1-2) Defendants
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have refused to produce the documents—not because they object to them being produced—because

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Taylor has not been given proper notice of the request for the records or any opportunity to object to

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their production. Id.

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On November 6, 2014, the Court held a mid-discovery status conference at which counsel

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agreed that, “Plaintiff will serve a subpoena duces tecum for production of the mental health records

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for inmate Taylor and will provide Mr. Taylor proper notice through a Notice to Consumer. The Court

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will address any objections filed by Mr. Taylor, as needed. If there are no objections or they are

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overruled, the records will be produced to the Court for an in camera review.” (Doc. 38) However,

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the Court heard nothing further on the matter until January 20, 2015 when the parties filed a joint

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statement, now before the Court. (Doc. 39)
In the joint statement, Plaintiffs recite the information set forth above related to Taylor’s

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Central File and request the Court conduct an in camera review of Taylor’s mental health records.

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(Doc. 39 at 11) Defendants agree that the records are discoverable but note production of the

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documents violates HIPAA and state and federal evidence code sections related to the

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psychotherapist-patient privilege. Id. Defendants have attempted to obtain Taylor’s consent for the

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release of the records but he has not provided it. Id. Defendants assert that Plaintiffs should issue a

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subpoena to the CDCR with a notice to consumer so Taylor can be apprised of the document request

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and of his right to object. Id.

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Notably, Plaintiffs fail to explain why the agreement made on November 6, 2014 (Doc. 38)

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was not followed or how the Court could or should compel the production of the documents absent

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affording due process to Taylor. He is entitled to notice and an opportunity to object. Though the

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Court remains willing to conduct the in camera review discussed on November 6, 2015, the parties

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have failed to provide any justification why this should occur before Taylor receives due process.

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Thus, Plaintiffs’ request for the in camera review in the current context is DENIED.

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IT IS SO ORDERED.
Dated:

January 27, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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