A.E. et al v. Nield et al

Filing 183

AMENDED ORDER granting Plaintiffs' 160 Motion to Compel the West Virginia Division of Justice and Community Services to Respond to Plaintiffs' Subpoena Duces Tecum, with all directives as set forth in the 182 Order; further directing th at the additional sharefile link provided to the Court shall also be provided by counsel for the West Virginia Division of Justice and Community Services/West Virginia Law Enforcement Professional Standards Subcommittee to the counsel for the parties in this matter. Signed by Magistrate Judge Omar J. Aboulhosn on 1/10/2019. (cc: counsel of record) (jsa)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION
A.E. and E.W.,
Plaintiffs,
vs.

Civil Action No. 3:17-cv-01885

JOSHUA NIELD, CITY OF HUNTINGTON,
WEST VIRGINIA, and, JOHN DOES 1-7,
INDIVIDUALS,
Defendants.
AMENDED ORDER
Pending before the Court is the Plaintiffs’ Motion to Compel the West Virginia Division
of Justice and Community Services to Respond to Plaintiffs’ Subpoena Duces Tecum and as an
Interested Party, the West Virginia Division of Justice and Community Services’ Response
thereto. (ECF Nos. 160 and 163) Pursuant to this Court’s Order of January 4, 2019 (ECF No. 169),
the undersigned received a jump-drive from Counsel for the West Virginia Division of Justice and
Community Services/West Virginia Law Enforcement Professional Standards Subcommittee.
Furthermore, the Court has reviewed the Privilege Log filed on January 9, 2019 (ECF No. 179) in
compliance with this Court’s January 4, 2019 Order.
Upon review of the documents and the proposed redactions, this Court FINDS and
ORDERS that all the documents produced by the West Virginia Division of Justice and
Community Services/West Virginia Law Enforcement Professional Standards Subcommittee for
in camera review (Bates Stamped Nos. 00001 through 001469, excluding Bates Stamped Nos.
000244-000280 regarding D. Carter) shall be promptly disclosed to the parties in this action.
Furthermore, it is hereby ORDERED that the redactions, as proposed in the Privilege Log, shall

be completed by counsel for the West Virginia Division of Justice and Community Services/West
Virginia Law Enforcement Professional Standards Subcommittee prior to submitting the same to
the parties.
This Order permits the disclosure of protected information as described in the Health
Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936
(1996) ("HIPAA"), W.Va. Code § 5A-8-22, the Driver’s Privacy Protection Act of 1994, Title
XXX of the Violent Crime Control and Law Enforcement Act, the Gramm-Leach-Bliley Act
(GLBA) aka the Financial Services Modernization Act of 1999 (Pub. L. 106-102, 13 Stat. 1338,
and the Children’s Online Privacy Protection Act of 1998 (COPPA) 15 U.S.C. §§ 6501-6506
(Pub. L. 105-227, 112 Stat. 2681-728. This order is intended to authorize such disclosures under
the privacy regulations issued pursuant to HIPAA. 45 C.F.R. § 164.512(e)(1)(i). The parties are
EXPRESSLY PROHIBITED from using or disclosing the protected information obtained
pursuant to this order for any purpose other than this action. Further, the parties are ORDERED
to either return to the covered entity from whom or which such protected information was obtained,
or to destroy the protected information (including all copies made), immediately upon conclusion
of this action.
In sum, the Court GRANTS Plaintiffs’ Motion to Compel (ECF No. 160) and further
GRANTS the redactions proposed by the West Virginia Division of Justice and Community
Services/West Virginia Law Enforcement Professional Standards Subcommittee as referenced in
the Privilege Log (ECF No. 179).
Subsequent to the earlier filing of this Order, Counsel for the West Virginia Division of
Justice and Community Services/West Virginia Law Enforcement Professional Standards
Subcommittee provided the Court, via email, with a link to a “sharefile” that contained additional
photographs, audio files and video files. It is hereby ORDERED that the link shall also be
provided by Counsel for the West Virginia Division of Justice and Community Services/West
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Virginia Law Enforcement Professional Standards Subcommittee to the counsel for the parties in
this matter.
The Clerk is DIRECTED to forward a copy of this Order to all Counsel.
ENTERED this 10th day of January, 2019.

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