Griffin v. Przybylinski
Filing
25
ORDER Granting Defendant's Motion 23 to Compel. Plaintiff is to provide defense counsel with a signed medical release on or before 2/10/17. If plaintiff fails to comply, the court will dismiss this case. Signed by Judge Charles N Clevert, Jr on 1/18/17. Copy of order sent via US Mail to Damien M Griffin. (cc: all counsel) ((kwb), C. N. Clevert, Jr.)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DAMIEN M. GRIFFIN,
Plaintiff,
v.
Case No. 16-CV-716
PHIL PRZYBYLINSKI,
Defendant.
ORDER GRANTING DEFENDANT’S MOTION TO COMPEL (DOC. 23)
This matter comes before the court on defendant’s motion to compel plaintiff to
provide a medical release. Defendant explains that he has sent plaintiff three requests to
sign a medical release and plaintiff has not responded to any of them. Id. Moreover,
plaintiff has not responded to this motion to compel, and he has not provided the court with
information on why he has not signed the medical release.
Under the Health Insurance Portability and Accountability Act (HIPAA), health care
providers cannot “use or disclose protected health information without an authorization that
is valid under this section.” 45 C.F.R § 164.508(a)(1). This means that defendant cannot
access plaintiff’s psychological file, and thereby defend this case, without a signed medical
release form. If plaintiff seeks to proceed with his Eighth Amendment claim involving his
psychological care, he must provide defendant with a signed medical release. Therefore,
IT IS ORDERED that defendant’s motion to compel (Doc. 23) is granted. Plaintiff
must provide defendant with a signed medical release on or before February 10, 2017.
If plaintiff fails to sign a medical release by this date, this case will be dismissed with
prejudice.
Dated at Milwaukee, Wisconsin, this 18th day of January, 2017.
BY THE COURT
/s/ C. N. Clevert, Jr.
C. N. CLEVERT, JR.
U.S. District Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?