Maldonado v. Gunsett

Background

Edwin Maldonado and defendants Danielle Medbury, Anthony Wells, Evelyn Diaz, Floyd Norton, Keith Chase, and Ralph Rohl agreed to a confidentiality and protective order for information exchanged in discovery. The court stated that good cause existed for issuing a tailored order under Federal Rule of Civil Procedure 26(c), which allows a court to protect discovery from improper disclosure.

Protected Information

The order defines personally identifying information to include information from which a person's identity could reasonably be inferred, such as Social Security numbers, financial-account numbers, passwords, and information that could be used for identity theft. Such information must be kept securely.

“Confidential Material” includes documents produced by the parties or by the New York State Department of Corrections and Community Supervision, or DOCCS, when disclosure could affect correctional or institutional safety, security, or good order; information about a party's past or current sexual history; medical information; or information confidential under state or federal law.

The defendants may designate certain confidential information as “Attorneys’ Eyes Only.” The covered categories include investigative reports from DOCCS’s investigative offices; certain health-care, mental-health, labor-relations, and personnel records containing personally identifying information; nonpublic DOCCS directives and policies classified as affecting facility safety or security; nonpublic DOCCS training materials concerning safety, security, or good order; and other materials that the defendants believe could compromise the safety or security of a DOCCS facility or office if disclosed to an incarcerated person or the public. The order provides exceptions and redaction requirements for some records, including records concerning Maldonado.

Disclosure and Use Restrictions

Discovery material may be used only for this case, including any appeal. Confidential Material may be disclosed to attorneys, litigation experts and consultants, deposition officers and related personnel, deposition witnesses, the court, and other persons agreed to by the producing party, subject to the order’s conditions. Experts and consultants must receive the order and sign a written promise not to use or disclose the material for other purposes.

Attorneys’ Eyes Only material may be disclosed to the parties’ attorneys, certain DOCCS employees in the ordinary course of their unrelated job duties, litigation experts and consultants, deposition officers and related personnel, the court, and other persons agreed to by the producing party. Confidential Material may be shown to Maldonado as needed for the case, but he may not keep copies. The order generally bars disclosure of Confidential Material to people who are or were incarcerated in DOCCS custody, except Maldonado, unless defense counsel agrees in writing or the court orders disclosure.

Deposition transcripts and exhibits are treated as both Confidential Material and Attorneys’ Eyes Only for 30 days after the completed transcript becomes available. During that period, the parties may designate specific portions. A party challenging a designation must make a good-faith effort to resolve the dispute and must seek court resolution within 30 days after receiving the designated material. The material remains protected until the parties agree otherwise or the court rules.

Filing, Privilege, and End of Case

The order requires counsel to seek permission to file protected material under seal when the opposing side does not consent. Protected material may not be disclosed in open court without first giving defense counsel an opportunity to contest disclosure or admissibility. The order also states that disclosure in this case does not waive applicable privilege or protection and permits the producing party to request the return of material covered by privilege.

Maldonado’s counsel is currently engaged for the limited purpose of conducting fact discovery. If Maldonado proceeds without a lawyer after fact discovery, the protected records are to be transferred to the City Bar Justice Center, subject to the order. If that organization cannot maintain custody, the records are to be transferred to defense counsel, and Maldonado may request controlled review. If successor counsel appears, that counsel must agree to be bound by the order.

Within 60 days after the case, including appeals, ends, Maldonado’s counsel must return the protected material and copies or notify defense counsel that the material was destroyed. Counsel may retain work product referring to the material and copies of court filings, including sealed filings, but retained protected information remains subject to the order.

Disposition

Judge Vincent L. Briccetti ordered the stipulated confidentiality and protective terms. This order governs discovery and confidentiality; the opinion does not decide the merits of Maldonado’s claims or the defendants’ defenses.