Hughes v. Ward et al

Filing 29

PROTECTIVE ORDER: Order granting 25 Motion for an Order Authorizing Defendants to Produce Materials Protected by Statute in Discovery (see Order for details). Signed by Chief Judge Martin Reidinger on 1/6/2021. (Pro se litigant served by US Mail.)(khm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:20-cv-00067-MR
THOMAS DAVID HUGHES,

)
)
Plaintiff,
)
)
v.
)
PROTECTIVE ORDER
)
CHRISTOPHER WARD, et. al., )
)
Defendants.
)
)
____________________________________________________________
THIS MATTER is before the Court on Defendants’ Motion for an Order
Authorizing Them to Produce Materials Protected by Statute in Discovery.
[Doc. 25]. Defendants seek authorization from the Court to disclose certain
materials sought by the Plaintiff in discovery that are protected from
disclosure pursuant to North Carolina law. The Court finds as follows:
1.

Plaintiff seeks the production through discovery of video

recordings from security cameras inside the Watauga County Detention
Center of the March 18, 2020 incident giving rise to the Plaintiff’s Complaint.
These recordings are confidential pursuant to N.C. Gen. Stat. § 132.1-4A.
These recordings, however, may be released or disclosed by order of a court
of competent jurisdiction pursuant to N.C. Gen. Stat. § 132-1.4A(g).

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2.

Further, Plaintiff seeks the disclosure, through discovery, of “All

written statements, videos, originals or copies, identifiable as reports about
the incident on or about March 18, 2020, on or about the hour 7:30.” These
records are not public records as defined by N.C.G.S. § 132-1, but they may
also be released by order of a court of competent jurisdiction pursuant to
N.C.G.S. § 132-1.4.
The Defendants and/or the Sheriff of Watauga County, therefore, seek
an order from this Court authorizing them to disclose the above materials,
particularly in compliance with the relevant authorities.
IT IS THEREFORE ORDERED that In accordance with N.C. Gen. Stat.
§ 132.1-4A(g), the Sheriff of Watauga County and/or the Defendants in their
official capacities are authorized to disclose through discovery video
recordings from security cameras inside the Watauga County Detention
Center of the March 18, 2020 incident giving rise to the Plaintiff’s Complaint.
IT IS FURTHER ORDERED THAT In accordance with N.C. Gen. Stat.
§ 132.1-4, the Sheriff of Watauga County and/or the Defendants in their
official capacities are authorized to disclose through discovery criminal or
other investigative reports or information pertaining to the March 18, 2020
incident giving rise to the Plaintiff’s Complaint filed in this matter.

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IT IS FURTHER ORDERED THAT Counsel for the Defendants shall
be allowed to redact from said criminal or other investigative reports or
information any Social Security Numbers, birth dates, home addresses, and
other Personally Identifiable Information (PII).
IT IS SO ORDERED.
Signed: January 6, 2021

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