Carter v. Davis et al

Filing 36

OPINION AND ORDER by Magistrate Judge Frank H McCarthy (Re: 29 MOTION for Disclosure of Purportedly Confidential Records ) (tjc, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
BRADLEY RAY CARTER,

)
)
Plaintiff,
)
)
v.
)
)
JOHN DAVIS, et al.,
)
)
Defendants. )

Case No. 14-CV-178-JED-FHM

OPINION AND ORDER
The Plaintiff’s Motion for Disclosure of Purportedly Confidential Records, [Dkt. 29],
is before the court for decision. No response has been filed. The Plaintiff’s Motion for
Disclosure of Purportedly Confidential Records, [Dkt. 29], is GRANTED.
In accordance with 10A O.S. § 1-6-102(E), the court has reviewed the records
produced by the Oklahoma Department of Human Services [“Department”], and with due
regard for the confidentiality of the records and the privacy of the persons identified in the
records, the court finds that a compelling reason exists and it is necessary for the
protection of a legitimate public or private interest to authorize the inspection, release,
and/or disclosure of certain confidential records as designated by the court, subject to the
terms and conditions set forth below in the court’s adjudication.
IT IS THEREFORE ORDERED that the designated confidential agency records
produced herein by the Department pursuant to a prior court order shall be released and
disclosed to counsel for each party, subject to the protective order entered herein below.
The records may be obtained by counsel from the Court Clerk.
IT IS FURTHER ORDERED that the appearance and testimony of certain
Department employees as may be needed during these proceedings shall be compelled

by a separate ex parte court order served on each witness at least five (5) judicial days in
advance of the date the testimony is needed. A subpoena for such testimony shall not be
valid.
IT IS FURTHER ORDERED that the production of the agency records and/or
testimony of any Department employee shall be conditioned on the terms and conditions
of the following protective order:
a.

Confidential Records: The agency records being released and
disclosed are confidential records pursuant to 10A O.S. § 1-6102 and § 1-6-107 and their contents shall remain confidential
FOR ATTORNEY EYES ONLY and shall not be open to any
person, or inspected, or re-disclosed other than as set forth in
this order.

b.

Restricted Use of Records: All Department records that are
released and disclosed by the court shall be provided only to
counsel for the parties and their employees or agents whose
aid is necessary in the prosecution or defense of this case;
said counsel shall be prohibited from further disclosure of the
DHS records for any other purpose, except as may otherwise
be expressly authorized by this court pursuant to a separate
enabling order.

c.

Disclosure of Placement or Reporter Information Prohibited:
Counsel for the Defendant may provide Defendant with
information about the Department’s records; provided
however, the disclosure of any information which would
identify the name or location of any child’s out-of-home
placement or the identity or location of any person who
reported allegations of child abuse or neglect to the
Department is specifically prohibited.

d.

File under Seal: No documents, pleadings, or records which
contain confidential information shall be filed except under seal
with the legend “THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION AND IS SUBJECT TO A
PROTECTIVE ORDER OF THE COURT.”

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e.

Identification Numbers: The release by counsel or any other
person for any reason of any identifiers such as social security
or tax ID numbers that may be contained in the DHS records
and which belong to any person or entity is strictly prohibited.

f.

Violation: Any violation of this order shall be subject to
prosecution for contempt of court.

IT IS FURTHER ORDERED that the agency records and their contents and any
testimony pertaining to those records shall remain confidential and the use of the records
and information contained therein shall be limited to the purposes for which disclosure is
authorized in this action only. No other use of the confidential records or information shall
be permitted absent an authorizing order of the court.
IT IS SO ORDERED this 5th day of August, 2015.

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