Management & Training Corporation (MTC) v. Trifu

Filing 6

Order GRANTING request to seal documents, and granting in part Petition for Emergency Involuntary Medication, Hydration, and Nutrition, signed by District Judge Dale A. Drozd on 7/13/2017. (Rosales, O)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

IN RE DORU GABRIEL TRIFU,

No. 1:17-cv-00920-DAD-JLT

12
13

15

ORDER GRANTING REQUEST TO SEAL
DOCUMENTS, AND GRANTING IN PART
PETITION FOR EMERGENCY
INVOLUNTARY MEDICATION,
HYDRATION, AND NUTRITION

16

(Doc. Nos. 2 & 3)

14

17
On July 11, 2017, petitioner Management & Training Corporation (MTC) (“MTC”) filed

18
19

a petition for emergency involuntary medication, hydration, and nutrition of Doru Gabriel Trifu, a

20

federal prisoner in the custody of the Federal Bureau of Prisons (“BOP”).1 Concurrently, MTC

21

filed a request to seal the declaration of Dr. Burnett Rucker, and accompanying exhibits, in

22

support of MTC’s petition for emergency relief. Good cause appearing, the court will grant

23

MTC’s request to file Dr. Rucker’s declaration under seal and will grant in part the petition for

24

emergency relief.

25

/////

26
27
28

1

Mr. Trifu has been incarcerated at the Taft Correctional Institution (“Taft CI”), in Taft,
California. According to BOP records, MTC is the current operator of Taft CI. See CI Taft,
https://www.bop.gov/locations/ci/taf/ (last visited Jul. 13, 2017).
1

1
2

Accordingly,

3

1. Petitioner’s request to seal Dr. Rucker’s declaration (Doc. No. 3) is granted;

4

2. The Clerk of the Court is directed to file Dr. Rucker’s declaration under seal in this

5

action;

6

3. Petitioner’s petition for emergency relief (Doc. No. 2) is granted in part;

7

4. For a period of not more than twenty-four (24) hours from the time this order is

8

served, respondent Mr. Doru Gabriel Trifu is ordered to submit to medical treatment

9

deemed necessary by medical officials working on behalf of MTC, including those at

10

Mercy Hospital, to sustain his health or life, including but not limited to the

11

administration of necessary medication, hydration, and nutrition;

12

5. Petitioner MTC is directed to advise this court not later than 12:00 p.m. on July 14,

13

2017, as to the nature and extent it has been determined that there is a need for further

14

involuntarily administered medication, hydration, and nutrition, as well as the specific

15

medication, hydration, and nutrition that medical staff has determined to be necessary

16

in order to sustain Mr. Trifu’s life and health;2 and

17

6. The court will issue an order with respect to further emergency relief based upon a

18
19

satisfactory showing made by petitioner.
IT IS SO ORDERED.

20

Dated:

July 13, 2017
UNITED STATES DISTRICT JUDGE

21
22
23
24
25
26
27
28

2

Petitioner MTC is required to make at least some preliminary showing that involuntary medical
treatment is necessary and that MTC has separately met the procedural requirements proscribed
under law. See, e.g., Washington v. Harper, 494 U.S. 210 (1990); 28 C.F.R. § 549.60–66.
2