Austin, David v. Smith, Judy et al

Filing 80

ORDER FOR RELEASE OF RECORDS. Signed by District Judge James D. Peterson on 1/29/2018. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

DAVID D. AUSTIN II,
Plaintiff,
Case No. 15-CV-0525

v.

JUDY P. SMITH, et al.
Defendants.

ORDER FOR RELEASE OF RECORDS

The Court, having considered the parties' Joint Motion for Order for
Release of Records of Class Members, hereby Orders as follows:

(1)

Class members are defined as "Inmates currently or formerly housed at

Oshkosh Correctional Institution who were housed in "R" Unit between August
19, 2009 and April 30, 2016, or who were housed in 'W" Unit between August
19, 2009 and February 28, 2016."
(2)

Class Members who have been identified as of the date of this Order are

listed in Exhibit 1000.
(3)

"Records" are defined as documents contained in the Medical,

Psychological, Programming, Legal, Social Services, Disciplinary, Wisconsin

Integrated Correction System (WICS), and Commissary/Canteen Files of Class
Members.
(4)

The Wisconsin Department of Corrections and its various institutions

are hereby ordered to release copies of all Class Members' Records in their
possession, to the Wisconsin Department of Justice, AAGs Katherine D. Spitz
and Gesina S. Carson for distribution to class counsel.
(5)

All Records are to be reviewed by attorneys only and designated as

"Attorneys Eyes Only."
(6)

All Records are subject to the Protective Order (Dkt. 54), which 1s

attached and incorporated herein.
(7)

The parties are prohibited from using or disclosing the protected health

information for any purpose other than the litigation or proceeding for which
such information was requested; and
(8)

The parties must either return to the covered entity or destruction the

protected health information (including all copies made) at the end of the
litigation or proceeding.
(9)

This Order complies with HIPAA federal standards for privacy of

individually identifiable health information, 45 C.F.R. Parts 160 and 164 and
state law, Wis. Stat. 146.82, et seq.
(10)

This Order shall be effective throughout the pendency of this action,

including any appeals.
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291 ltl-

Dated this __ day of V
W(l;tfuf

, 2018.

James D. Peterson, District Court Judge

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