Boyd-Nicholson v. Frakes et al

Filing 69

ORDER granting 68 Joint Motion for entry of Stipulated Protective Order. Ordered by Senior Judge Richard G. Kopf. (CCB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ARON LEE BOYD-NICHOLSON,
Plaintiff,

8:15CV424

vs.
PROTECTIVE ORDER
STEPHANIE SNODGRASS, LPN; and
APRIL ROLLINS, RN;
Defendants.
This matter is before the court on the parties’ joint motion for entry of a
Stipulated Protective Order. (Filing No. 68.) Pursuant to the parties’ request, the
court enters the following Stipulated Protective Order.
The parties to this action, by and through their respective counsel of record,
hereby stipulate and agree as follows:
1.
Defendants have agreed to provide to Plaintiff’s attorneys, copies of
Plaintiff’s inmate institutional file and medical records.
2.
These requested documents are contained in a file maintained by the
State of Nebraska Department of Correctional Services (NDCS) pursuant to Neb.
Rev. Stat § 83-178 and concern the incarceration of Aron Boyd, inmate # 73305.
3.
The parties agree that the files here in question may contain material
relevant to the above captioned action.
4.
Neb. Rev. Stat. § 83-178 states in relevant part: “. . . The content of
the file shall be confidential and shall not be subject to public inspection except by

court order for good cause shown and shall not be accessible to any person
committed to the department.”
5.
The parties agree that the Defendant will withhold copies of the
Plaintiff’s Presentence Investigation Report, as these reports are privileged under
Neb. Rev. Stat. § 29-2261(6).
6.
The parties agree that this Court may enter an order allowing the
inspection of the files here in question.
7.
The parties agree that the records of the Nebraska Department of
Correctional Services and any copies thereof shall be utilized by the Plaintiff and
Defendant solely in connection with discovery, pretrial proceedings, preparation
for trial, trial, appeal and/or settlement in the above-captioned matter, and for no
other purpose, and shall not be disseminated, published, shown or otherwise
disclosed to any person or entity except as provided herein.
8.

All persons to whom the records are disclosed pursuant to this Order

shall:
a.

be responsible for keeping such custody of control over said
records so as to assure that said records are not lost, misplaced,
or inadvertently disclosed in violation of the provisions of this
Order;

2

b.

not reveal the contents of the records to any person not already
subject to the terms of this Order; and

c.

not reveal or use the contents of the records except for the
purposes set forth in Paragraph 7 above.

9.
After this action is terminated by the entry of a final and no-furtherappealable order, the records and the information contained therein shall not
thereafter be disclosed to any third party.
10. Counsel agrees not to make available to any person committed to
NDCS the content of the inmate file here in question without further order of this
Court.
11. The entry into this Stipulation by the parties in no way relieves either
party from complying with any applicable rules of civil procedure.
12. Before counsel discloses any records specified in this Stipulation and
Protective Order to any designated expert or consultant such expert or consultant
must first execute the following agreement:
AGREEMENT OF CONFIDENTIALITY
I hereby certify that I have read the Protective Order entered on
January 16, 2018, (the “Order”) in the action now pending in the
United States District Court of Nebraska, entitled Boyd-Nicholson v.
Snodgrass, 8:15CV424 and am fully familiar with its terms. I
understand that in the course of my activities in connection with the
Action, I may have occasion to examine, inspect, or be exposed to the
3

records of the Nebraska Department of Correctional Services, and that
the confidentiality of said records is protected by various Nebraska
statutes. I therefore agree to be bound and comply with all of the
terms and prohibitions of the Order and not to do any act or thing in
violation of the Order.
IT IS THEREFORE ORDERED that the parties’ joint motion for entry of
this Stipulated Protection Order (Filing No. 68) is granted.
Dated this 16th day of January, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

4

AGREED AS TO FORM AND CONTENT this 12th day of January, 2018.
BY: DOUGLAS J. PETERSON #18146
Attorney General
BY: s/ Jessica M. Forch
Jessica M. Forch, #24912
Assistant Attorney General
2115 State Capitol
Lincoln, Nebraska 68509
(402) 471–1845
[e-mail]
Attorneys for Defendants
BY: s/ Quinn R. Eaton
Marnie A. Jensen, #22380
Quinn R. Eaton, #26318
Husch Blackwell, LLP
13330 California Street, Suite 200
Omaha, NE 68154
402.964.5060
402.964.5050 (fax)
[e-mail]
[e-mail]
Attorneys for Aron Boyd

5