Rasmussen v. Thorne

Filing 26

ORDER regarding disclosure of records. By Magistrate Judge Craig B. Shaffer on 03/06/2014. (cbslc1)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-2557-CMA-CBS
ALLEN RASMUSSEN,
Plaintiff,
v.
LATOYA THORNE, Arapahoe County Department of Human Services,
Defendant.

ORDER
This matter came before the Court on February 27, 2014, for hearing on Defendant’s
Motion for an Order Granting an In Camera Inspection of Confidential Dependency and Neglect
Records and Authorizing the Disclosure of Such Records as Necessary for the Resolution of
Issues in the Present Action [Doc. #17], as augmented by Defendant’s supplemental filing on
February 3, 2014 [Doc. #21], both parties appearing through counsel. Having reviewed the
parties’ respective submissions and in consideration of the argument offered thereon, and being
fully apprised in the premises, the Court finds that the motion shall be granted in part and denied
in part and orders as follows:
1. Defendant’s motion is denied as to the request for an in camera review.
2. Defendant’s motion is granted as to the disclosure and use by her of relevant
confidential dependency and neglect records and information within the custody or control of
Arapahoe County through the Arapahoe County Department of Human Services as described in
Defendant’s motion, the Court having determined that the disclosure of the records and
information is necessary for the resolution of issues presented in the above-captioned litigation.
For purposes of this order, “relevant” shall have that same meaning as used under the Federal
Rules of Civil Procedure.
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3. The authorization to disclose relevant confidential records and information provided
under this order shall extend to those employees of Arapahoe County and/or the Arapahoe
County Department of Human Services who may be subpoenaed or otherwise called to testify
or provide documents or information on deposition or other proceeding in this matter.
4. Absent a subsequent order, counsel for Plaintiff shall strictly maintain the
confidentiality of all dependency and neglect records and information disclosed to her by
Defendant or the Arapahoe County Department of Human Services, and may not permit any
other person to have access to such records or information except as may be necessary to
conduct an examination or cross-examination on deposition or hearing of a witness called to
testify in this action.
5. All disclosures of confidential dependency and neglect records and information made
pursuant to this order shall remain fully subject to the terms and conditions of the Protective
Order [Doc. #14] previously entered in this action.
Dated at Denver, Colorado this 6th day of March, 2014.
BY THE COURT:

s/ Craig B. Shaffer
United States Magistrate Judge

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