Fernandez v. Centric et al

Filing 287

ORDER granting Plaintiff's 285 Motion for Review of Mental Health and Medical Records. Signed by Magistrate Judge William G. Cobb on 5/23/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KEVIN FERNANDEZ,

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3:12-cv-00401-LRH-WGC
Plaintiff,

ORDER

v.
DR. CENTRIC, et. al.,

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Defendants.

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Before the court is Plaintiff's Motion for Review of Mental Health and Medical Records.

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(Doc. # 285.) 1 Plaintiff requests an order allowing him to review his medical and mental health

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records for a period of three hours because these documents support a recently filed motion for

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temporary restraining order and preliminary injunction.

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Consistent with Nevada Department of Corrections (NDOC) Administrative Regulation

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(AR) 639.03, Plaintiff may request to review his medical records under the supervision of

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medical staff members. AR 639.03.1 Pursuant to the AR, this is permitted once per year unless

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special circumstances exist (as determined by the medical director or attending practitioner) or

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the court orders otherwise. AR 639.03.3.AR 639 does not contain a time limit for the review of

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medical records. The court deems Plaintiff's request for three hours to review his medical records

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to be reasonable. Therefore, when Plaintiff sends a request to review his medical records,

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Defendants are ordered to permit him to review his medical and mental health files (regardless of

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whether he has already done so this year), and he is entitled to review them for up to three hours.

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The court notes that AR 639.03 also provides that prior to this review, medical and

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mental health records will be screened for confidentiality and any items that "could impact the

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inmate's mental well being" will be screened and removed from the record prior to the inmate's

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Refers to court's docket number.

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review. AR 639.03.2, A.

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Given the nature of Mr. Fernandez's claims, if this pre-review screening results in a

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determination that any item in Plaintiff's medical or mental health records should be removed

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before Plaintiff reviews them, Defendants are directed to promptly file a statement indicating this

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is the case and submit the documents they seek to withhold from Plaintiff's view to the court in

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camera along with a motion for leave to file such documents in camera. At that point, the court

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will make a determination regarding whether Plaintiff should be able to review the documents.

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In sum, Plaintiff's motion (Doc. # 285) is GRANTED.
IT IS SO ORDERED.
Dated: May 23, 2014.

__________________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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