Opinion
Civil Action No. 99-2266, Section: "T" (4)
May 23, 2002
MINUTE ENTRY
On May 6, 2002, the defendant, Sheriff Charles C. Foti, Jr., filed a Motion for Protective Order (doc. #71). A hearing on the motion was held with oral arguments on May 22, 2002. All parties were present.
During the hearing, the parties indicated that a dispute existed as to several Request for Production of Documents propounded upon the defendant. The defendant contends that Requests for Production numbers 6, 9, 12, 13 and 14 are overly broad, unduly burdensome and seek information that is not likely to lead to the discovery of admissible evidence. The plaintiff opposes the motion contending that the discovery submitted is essential to assist her in preparation for trial and falls within the scope of discoverable information.
The parties indicated that requests number 9, 12, 13 and 14 each sought information relating to complaints and grievances filed by inmates at the Orleans Parish Prison. Request number 6 sought any information relating to evaluations performed on the medical unit and medical personnel.
After listening the arguments of counsel,
IT IS ORDERED that the Motion for Protective Order (doc. #71) is GRANTED IN PART and DENIED IN PART as follows:
1) Request 6 — the defendant is to provide records of evaluations done by the National Commosion of Correctional Health Care (NCCHC). The defendant will produce any evaluations performed by the NCCHC during the last 2 years if such evaluations are conducted annually. If the time between each NCCHC evaluation is more than one year, the defendant will provide any NCCHC evaluations performed during the last 6 years. The defendant is to also provide any quality control reports conducted within the last year and any expert reports conducted within the last five years.
2) Requests 9, 12, 13 and 14 — the defendant is to provide the Court with a list of females who were inmates in the Orleans Parish Prison during January and February of 2000 and complained of inadequate medical care. The Court will randomly select from the list the inmates whose grievances will be provided to the plaintiff. If upon review of this information, the plaintiff is unable to make an assessment of the medical services provided by OPP, she may request that the Court increase the number of inmates selected.IT IS FURTHER ORDERED that a status conference will be held by phone on June 11, 2002 at 1:30 p.m. Counsel for the defendant is to initiate the call.
IT IS FURTHER ORDERED that the parties are to retrieve copies of the transcript for the specific reasons for the Court's ruling.
To obtain a transcript of the proceedings for the Court's findings, the parties should contact Gaynell Banta, Court Supervisor, at 589-7720.