Warner v. Curry et al

Filing 105

ORDER denying 91 Motion for Order/Judgment Signed by Magistrate Judge Jeremiah C. Lynch on 2/14/2019. (TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
DANNY LEE WARNER, JR.,
CV 17-104-M-DLC-JCL
Plaintiff,
vs.

ORDER

CHUCK CURRY, JENNIFER ROOT,
JAMES DUSING, TAMMY BOWEN,
SGT. SCHUELEN, and CBM
MANAGED SERVICES,
Defendants.
Plaintiff Danny Warner, appearing pro se, moves for an order precluding
Defendants’ possession of, and the Court’s consideration of medical records
generated from his treatment in 2017 at the Montana State Hospital in Warm
Springs, Montana. In particular, Warner complains that Defendants are unlawfully
in possession of a document titled “Montana State Hospital Admission History &
Physical”. ((Doc. 59-3.) He asserts the document is a confidential document
protected from disclosure under federal law, and that it is related only to criminal
proceedings prosecuted against him.
But Warner has put his medical condition at issue in this lawsuit. Therefore,
his medical records are relevant. Goldsmith v. Dutton, 2014 WL 4393535, *2 (D.
Mont. 2014).
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Additionally, the Court’s scheduling order entered June 22, 2018, expressly
authorized the release of, and use of Warner’s medical records in accordance with
the Federal Health Insurance Portability and Accountability Act. (Doc. 45 at 4-5.)
Therefore, Defendants are lawfully in possession of Warner’s medical
records and they may use them in defense of this litigation. Thus, IT IS HEREBY
ORDERED that Warner’s motion to suppress his medical records is DENIED.
DATED this 14th day of February, 2019.

_______________________________
Jeremiah C. Lynch
United States Magistrate Judge

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