Pickens v. Hendricks et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:21-cv-00030-MR
BRANDON PICKENS, )
)
Plaintiff, )
)
vs. )
)
STEVEN HENDRICKS, et al., ) PROTECTIVE ORDER
)
Defendants. )
_______________________________ )
THIS MATTER is before the Court on Defendants Quentin Miller and
Western Surety Company’s filing of a Motion for Entry of Protective Order
[Doc. 158].
The moving Defendants request the Court to enter a protective order
authorizing the release of the Criminal Investigative File1 and body camera
footage maintained by the Office of the Buncombe County Sheriff relating to
Plaintiff’s January 20, 2018 traffic stop to Plaintiff. The moving Defendants
relate that the release of the body camera footage, and of the Criminal
Investigative File are regulated by N.C. Gen. Stat. §§ 132-1.4A and 132-
1 The Plaintiff has requested a copy of “all the deputies’ statements, the K-9 report, and
other documentation completed regarding the January 20, 2018 traffic stop of Plaintiff,”
which will be referred to as the “Criminal Investigative File.” [See Doc. 158 at 5].
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1.4(a) and cannot be released without a court order. The Plaintiff has
requested body camera footage and documents in the Criminal Investigative
File, which the Defendants are prepared to release pursuant to a protective
order.
On review of the Defendants’ Motion, the Court finds that such
information may be deemed confidential under state law, including N.C. Gen.
Stat. §§ 132-1.4(a) and 132-1.4A(f). Due to the confidential nature of the
information that will be produced in this matter, a protective order is
necessary to authorize the release of such confidential information and to
ensure that such confidential information is not disclosed or used for any
purpose except in connection with this litigation. The Court will, therefore,
grant the moving Defendants’ request for a protective order.
IT IS, THEREFORE, ORDERED that the Motion [Doc. 158] is hereby
GRANTED, and the Court enters the following Protective Order:
1. The requested materials are confidential materials that are
exempt from public records disclosure requirements pursuant to
the provisions of N.C. Gen. Stat. §§ 132-1.4 and 132-1.4A and
subject to release only pursuant to an order of a court of
competent jurisdiction.
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2. In order to accommodate disclosure in this matter, the Court
agrees that production of the Criminal Investigative File and body
camera footage (hereinafter “Confidential Documents”)
described above should be made pursuant to the conditions of
this Protective Order.
3. Except as may be otherwise provided by further order of the
Court, all documents identified as Confidential Documents shall
be used for no purpose other than prosecuting or defending this
action and shall not be used or disclosed by any person for any
other purpose, except as provided herein.
4. Access to and the use of any Confidential Documents, or any
part thereof, shall be limited to the following qualified persons/
entities:
a. The parties and any attorneys of record for the parties, their
legal assistants, other staff members, and law student
clerks; insurers, their agents and employees; outside
companies engaged by attorneys for the parties to
photocopy such documents; officers, managers, owners,
or employees of the parties who provide material
assistance in the legal representation of the parties;
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b. Mediators;
c. Consultants and technical experts involved in the
preparation of this action;
d. The Court, court staff, court reporters, their transcribers,
assistants and employees;
e. Any potential or actual trial witnesses to the extent that it is
necessary to tender such witnesses as an exhibit a
confidential document in order to elicit testimony relevant
to the matters at issue in this case; and
f. The jury and trier of fact.
5. The above individuals and entities that are permitted access to
the Confidential Documents are hereby ordered not to show,
convey, or reproduce any documents so designated or parts
thereof, or copies thereof, or any matter contained therein, or any
extracts or summaries thereof, to any individual, or to any entity
that would not otherwise have access to said documents under
the provisions of this Protective Order.
6. Counsel may make copies of the Confidential Documents for
Plaintiff’s or Defendants’ experts upon receiving from said
experts a written agreement that they will be bound by the terms
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of this Protective Order. The requirements of obtaining such an
agreement shall be satisfied by having each of the Plaintiff’s or
Defendants’ experts read, acknowledged, and agreed in writing
to be bound by this Protective Order. A file of all such written
acknowledgements shall be maintained by Plaintiff and/or
Defendants’ counsel. By signing the declaration agreeing to be
bound by this Protective Order, each of Plaintiff’s or Defendants’
experts submits himself or herself to the jurisdiction of the Court
for purposes of enforcement of this Protective Order.
7. The production or disclosure of the Confidential Documents,
pursuant to the terms of this Order, shall not waive or prejudice
the right of any party to object to the production or admissibility
of documents or information on grounds other than confidentiality
in this action or in any other action.
8. Counsel for Defendants and Plaintiff are responsible for notifying
any person who is provided access to information or material
from the Confidential Documents of the terms of this Protective
Order. The parties shall keep a record of all persons to whom
disclosures and access are made.
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9. Should the Court determine in its discretion that any material and
documents contained within the Confidential Documents may
properly be filed under seal, such documents may be released
to the persons as listed herein only if the material and information
is filed in sealed containers, containing a general description of
the contents, and a statement that states the contents hereof are
confidential and may be revealed only by the Court or upon prior
written consent of counsel for the party designating the material
CONFIDENTIAL INFORMATION.
10. After the final disposition of this action, including the conclusion
of any and all appeals, Plaintiff shall return all Confidential
Documents to the Buncombe County Sheriff’s Office. The
ultimate disposition of the Confidential Documents shall be
subject to a final order of the Court.
11. Each person who receives material and information described
herein submits himself or herself to the personal jurisdiction of
the Court, wherever he or she shall be, for the enforcement of
this Order.
12. It is specifically agreed that making Confidential Documents
available for inspection and the production of such documents
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shall not constitute a waiver or agreement by the parties
regarding any claim of confidentiality, or of the admissibility of
such documents into evidence at the trial of this action. The
parties reserve all rights to object to the admissibility of such
documents as provided by the Federal Rules of Evidence and
Federal Rules of Civil Procedure.
13. Nothing in this Protective Order shall require disclosure of
material or information which the conveying party contends is
protected from disclosure by the attorney-client privilege,
materials produced in anticipation of litigation, or as constituting
attorney work product materials.
14. Nothing in this Protective Order is intended to or shall be
construed to interfere with any party’s ability to disclose and use
documents or information to the extent that they are (a) obtained
lawfully from sources other than the opposing party or the
agencies names herein, or (b) otherwise publicly available.
15. This Protective Order shall not prevent any party or the
Buncombe County Sheriff’s Office from applying to the Court for
relief from this Protective Order or from applying to the Court for
further or additional Protective Orders.
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IT IS SO ORDERED.
Signed: November 6, 2023
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