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)

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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, (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

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