Management & Training Corporation (MTC) v. Trifu
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
IN RE DORU GABRIEL TRIFU,
ORDER GRANTING REQUEST TO SEAL
DOCUMENTS, AND GRANTING IN PART
PETITION FOR EMERGENCY
HYDRATION, AND NUTRITION
(Doc. Nos. 2 & 3)
On July 11, 2017, petitioner Management & Training Corporation (MTC) (“MTC”) filed
a petition for emergency involuntary medication, hydration, and nutrition of Doru Gabriel Trifu, a
federal prisoner in the custody of the Federal Bureau of Prisons (“BOP”).1 Concurrently, MTC
filed a request to seal the declaration of Dr. Burnett Rucker, and accompanying exhibits, in
support of MTC’s petition for emergency relief. Good cause appearing, the court will grant
MTC’s request to file Dr. Rucker’s declaration under seal and will grant in part the petition for
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. Petitioner’s request to seal Dr. Rucker’s declaration (Doc. No. 3) is granted;
2. The Clerk of the Court is directed to file Dr. Rucker’s declaration under seal in this
3. Petitioner’s petition for emergency relief (Doc. No. 2) is granted in part;
4. For a period of not more than twenty-four (24) hours from the time this order is
served, respondent Mr. Doru Gabriel Trifu is ordered to submit to medical treatment
deemed necessary by medical officials working on behalf of MTC, including those at
Mercy Hospital, to sustain his health or life, including but not limited to the
administration of necessary medication, hydration, and nutrition;
5. Petitioner MTC is directed to advise this court not later than 12:00 p.m. on July 14,
2017, as to the nature and extent it has been determined that there is a need for further
involuntarily administered medication, hydration, and nutrition, as well as the specific
medication, hydration, and nutrition that medical staff has determined to be necessary
in order to sustain Mr. Trifu’s life and health;2 and
6. The court will issue an order with respect to further emergency relief based upon a
satisfactory showing made by petitioner.
IT IS SO ORDERED.
July 13, 2017
UNITED STATES DISTRICT JUDGE
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.
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