IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
June 8, 2009
K. KABASHA GRIFFIN-EL A/K/A KEITH FEDELE GRIFFIN, PLAINTIFF,
JEFFREY A. BEARD, ET AL., DEFENDANTS.
The opinion of the court was delivered by: L. Felipe Restrepo United States Magistrate Judge
AND NOW, this 8th day of June, 2009, upon consideration of the declaration of Jeffrey A. Beard, Ph.D., Secretary of the Pennsylvania Department of Corrections ("DOC") asserting that the deliberative process privilege applies to certain psychological, psychiatric, counseling or mental health records of the Plaintiff, K. Kabasha Griffin-El (Doc. No. 79), Defendants' letter brief explaining the legal basis for their assertion of the privilege (Doc. No. 86), Plaintiff's letter brief in opposition thereto (Doc. No. 85), and the Court's own independent in camera review of the contested documents, it is hereby ORDERED that:
1. Defendants' assertion of the deliberative process privilege over Plaintiff's mental health records is DENIED;
2. Defendants' request that the Court recognize the documents as privileged under state law is DENIED;
3. The contested documents MUST be produced;
4. Discovery of these documents is LIMITED pursuant to Fed. R. Civ. P. 26(c)(1)(B) and (E) to the following conditions:
a. Plaintiff's counsel SHALL NOT show the documents to Plaintiff.
b. Plaintiff's counsel SHALL NOT provide copies of the documents to Plaintiff.
c. Plaintiff's counsel SHALL NOT discuss the contents of the documents with Plaintiff.
d. At the completion of this litigation, Plaintiff's counsel MUST return these documents to the Department of Corrections.
e. This order may be modified at a later date if the circumstances render it appropriate pursuant to Pansy v. Borough of Stroudsburg, 23 F.3d 772, 784 (3d Cir. 1994).
5. Defendants MUST produce these documents within FIVE DAYS of the entry of this order.
6. Documents that were not generated at SCI-Graterford NEED NOT be produced.
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