Sonntag v. Gurres et al

Filing 93

ORDER. IT IS ORDERED that Defendants' 87 Motion to File in Camera and Under Seal Documents in Support of 88 Motion is GRANTED. Signed by Judge Edward C. Reed, Jr on 5/31/2011. (Copies have been distributed pursuant to the NEF - KO)

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CATHERINE CORTEZ MASTO
Attorney General
SUSAN E. LEE
Deputy Attorney General
Nevada Bar No. 7420
Bureau of Litigation
100 No. Carson St.
Carson City, NV 89701-4717
Tel: [phone]
Attorneys for Defendants
James Baca, James Benedetti, Dave Carroll,
Chip Fulcher, Kenneth Gurries, James Kelly,
John Mays, and Matthew Sturm

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JASON ERIC SONNTAG,
Plaintiff,

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v.
KENNETH GURRIES, et al.
Defendants.

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Case No. 3:09-cv-00637-ECR-VPC

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MOTION TO FILE
ORDER GRANTING MOTION TO FILE
IN CAMERA AND UNDER SEAL
IN CAMERA AND UNDER SEAL
DOCUMENTS IN SUPPORT OF
DOCUMENTS IN SUPPORT OFFOR
DEFENDANTS’ MOTION
DEFENDANTS' MOTION AND
SUMMARY JUDGMENT
OPPOSITION #88 AND
OPPOSITION TO PLAINTIFF’S MOTION
FOR SUMMARY JUDGMENT

Defendants, James Baca, James Benedetti, Dave Carroll, Chip Fulcher, Kenneth

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Gurries, James Kelly, John Mays, and Matthew Sturm, by and through counsel, Catherine

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Cortez Masto, Attorney General of the State of Nevada, and Susan E. Lee, Deputy Attorney

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General, move to file Exhibits A, C and G in support of Defendants’ Motion for Summary

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Judgment and Opposition to Plaintiff’s Motion for Summary Judgment in camera. Defendants

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also move to file Exhibits E and F in support of Defendants’ Motion for Summary Judgment and

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Opposition to Plaintiff’s Motion for Summary Judgment under seal. Defendants file their Motion

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for Summary Judgment and Opposition to Plaintiff’s Motion for Summary Judgment

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concurrently herewith.

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Office of the
Attorney General
100 N. Carson St.
Carson City, NV
89701-4717

Defendants seek to file Exhibit A, consisting of Nevada Offender Tracking Information
System (NOTIS) Investigation Detail Report, and Exhibit B, consisting of Plaintiff’s NOTIS
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case notes, in camera. These documents are confidential in nature pursuant to

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Administrative Regulation 560.03(2)(A) (“access to [inmate record files] should be on a need

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to know basis”), 568.05(1) (“normally inmates will not be provided with copies of documents

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maintained by the Department”) and 569.02(12) (“Department records, filed and information

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pertaining to an individual inmate which are not specifically approved for release in the

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regulation are confidential”).
Defendants also seek to file Exhibits E and F, consisting of Nevada Department of

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Corrections (NDOC) Administrative Regulations (AR) 407 and 405 respectively, under seal.

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AR 407 outlines the use of handcuffs and restraints. AR 405 outlines the use of force within

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the NDOC. The Board of Prison Commissioners has determined that these documents are to

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be kept confidential in the interest of safety and security of the institutions, the staff and the

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inmates.
Finally, Defendants seek to file Exhibit G, consisting of Plaintiff’s medical records, in

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camera. Plaintiff’s medical records are confidential documents pursuant to NRS 629.061 and

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Administrative Regulation 639. While a plaintiff may waive that confidentiality, the Plaintiff in

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this case has not provided a waiver. Accordingly, Defendants seek to file Plaintiff’s medical

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records in camera to prevent their entry into the public record and to protect Plaintiff’s

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confidentiality. Additionally, Plaintiff is not allowed to have medical records in his cell.
Defendants will send a copy of the in camera Exhibits A, C, and G to Warm Springs

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Correctional Center, where Plaintiff is currently housed, with instructions to maintain the

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records in a safe and secure place outside of Plaintiff’s cell and to permit Plaintiff to review

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the in camera Exhibits A, C, and G by appointment. Plaintiff must kite the Warden’s Office to

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view these documents. Accordingly, Plaintiff will be able to review and respond to Exhibits A,

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C, and G. As stated above, due to safety and security concerns, Plaintiff will not be permitted

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to view the under seal Exhibits E and F.

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Office of the
Attorney General
100 N. Carson St.
Carson City, NV
89701-4717

A “kite” is an Inmate Request Form which inmates use to correspond with prison officials and administrative
or medical staff.

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Based upon the foregoing, Defendants respectfully request that their Motion to file in

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camera and under seal documents in support of Defendants’ Motion for Summary Judgment

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and Opposition to Plaintiff’s Motion for Summary Judgment be granted.

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Dated this 27th day of May, 2011.
CATHERINE CORTEZ MASTO
Attorney General

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By:
SUSAN E. LEE
Deputy Attorney General
Bureau of Litigation

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Attorneys for Defendants

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IT IS ORDERED granting Defendants' Motion to File in Camera and Under
Seal Documents in Support of Motion #88.
DATED this 31st day of May 2011.

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UNITED STATES DISTRICT JUDGE

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Office of the
Attorney General
100 N. Carson St.
Carson City, NV
89701-4717

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