Mead v. Gaston County Police Department et al

Filing 87

ORDER granting 86 Motion concerning grand jury proceedings. Signed by Senior Judge Graham Mullen on 9/12/2013. (blf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:12-CV-132-GCM

MICHAEL MEAD
Plaintiff,
v.
GASTON COUNTY,
REGINALD BLOOM, individually and
officially, WILLIAM M. SAMPSON,
individually and officially, and
CALVIN SHAW, individually and
officially,

ORDER

Defendants.

THIS MATTER IS BEFORE THE COURT UPON THE CONSENT MOTION FOR AN
ORDER CONCERNING GRAND JURY PROCEEDINGS.

Plaintiff moves, with the

Defendants’ consent, for an order authorizing persons privy to grand jury proceedings in the
underlying criminal prosecution of Plaintiff and death of Lucy Johnson to disclose information
and/or matters occurring before the grand jury. Although grand jury proceedings in North
Carolina are secretive, N.C.G.S. § 15A-623(e), grand jury materials and information may be
divulged in limited circumstances. Permitting those persons privy to the grand jury proceedings
concerning Plaintiff and the death of Lucy Johnson to provide information concerning those
proceedings to the parties in the instant action is justified here. Moreover, the relief sought—
permission to depose those persons privy to the grand jury proceedings without the risk to those
persons that they might face contempt charges under N.C.G.S. § 15A-623(g)—is sufficiently
limited and structured to cover only material so needed.

Therefore, it appearing that the following Order has been consented to by both parties:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
Those privy to the grand jury proceedings concerning Michael Mead and the death of
Lucy Johnson, including the foreperson, other members of the grand jury, any recorder or record
keeper of the proceedings, Officer Reynolds of the Gaston County Police Department, and others
who may have been present, shall be authorized and permitted to disclose information and/or
matters occurring before the grand jury to counsel for Plaintiff and Defendants without the risk
of contempt or other sanction. This authorization and permission is limited to the grand jury
proceedings in this particular matter.
IT IS SO ORDERED.
Signed: September 12, 2013

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CONSENTED TO:

CONSENTED TO:

/s/ S. Luke Largess
N.C. Bar 17486
/s/ Jacob H. Sussman
N.C. Bar 31821
TIN FULTON WALKER & OWEN
301 East Park Avenue
Charlotte, NC 28203
704-338-1220 (tel)
704-338-1312 (fax)
[e-mail]
[e-mail]

/s/ Martha Raymond Thompson
N.C. Bar 16020
STOTT, HOLLOWELL, PALMER & WINDHAM
P.O. Box 995 / 401 East Franklin Blvd.
Gastonia, NC 28053-0995
704-864-3425 (tel)
704-864-0478 (fax)
[e-mail]
Attorney for Defendants

/s/ Matthew R. Niemiec
Admitted Pro Hac Vice
HALFORD, NIEMIEC & FREEMAN
238 Rockmont Drive
Fort Mill, SC 29708
803-547-6618 (tel)
803-547-6638 (fax)
[e-mail]
Attorneys for Plaintiff

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