Murphy v. Minnesota Department of Human Services

Background

The plaintiffs moved to compel five third-party county agencies—Anoka County Human Services, Dakota County Community Services, Hennepin County Human Services & Public Health Department, Ramsey County Social Services, and St. Louis County Public Health & Human Services Department—to produce individual client files for certain waiver recipients. The request was made under third-party subpoenas.

The counties informed the court that they had reached agreements with the plaintiffs about what would be produced. They nevertheless argued that they could not produce confidential information covered by the Minnesota Government Data Practices Act, the Minnesota Health Records Act, and the Health Insurance Portability and Accountability Act without a court order because they could otherwise face potential liability.

Court’s Analysis

The court rejected the counties’ position that Johnson v. Colonna undermined the authority of the Federal Rules of Civil Procedure and the court’s orders and protective orders to govern the production and handling of confidential information in this case. The court recognized the counties’ concern about possible arguments that they would violate state privacy law by responding to the subpoenas. To address that concern, the court issued this order and stated that it would issue a separate Second Amended Protective Order.

Disposition

The court granted the plaintiffs’ motion to compel. It ordered the counties to produce the individual client files according to each county’s agreement with the plaintiffs. It also ordered that a separate Second Amended Protective Order would be issued. The opinion does not state that the court ruled on the underlying claims in the case.

Judge identification note

The supplied case information identifies Donovan Frank as the judge, but the opinion is signed by Becky R. Thorson, identified as the United States Magistrate Judge. This summary uses the judge named in the opinion.