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Andrew Lopez v. Arnold Schwarzenegger

November 19, 2012

ANDREW LOPEZ,
PLAINTIFF,
v.
ARNOLD SCHWARZENEGGER, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

STIPULATION AND PROTECTIVE ORDER REGARDING DISCOVERY DOCUMENTS

This Protective Order is entered into by and between the plaintiff and the defendants in this matter, by and through their respective counsel of record. The parties hereby agree, and the Court hereby orders, that:

1. Plaintiff has made discovery requests for documents regarding the plaintiff's validation as a prison gang member. Those requests seek documents that address investigations into prison gang activity and identify the sources of that information. Such documents are maintained as confidential by the California Department of Corrections and Rehabilitation (CDCR) and are not made available to inmates due to the serious threat to the safety of inmates and staff that disclosure of the information would present. The plaintiff has also requested documents pertaining to the training of the defendants in the investigation of inmate involvement in gang activity as well as the post orders regarding the defendants' work assignments that involve the investigation of gang activity. Such documents are maintained as confidential by the CDCR, and are not made available to inmates, because they contain information that would be invaluable to inmates seeking to engage in gang activity without being detected. Lastly, the plaintiff has requested production of inmate appeal records regarding the defendants and their involvement in the investigation and validation of inmates as gang members. These inmate appeal records, involving inmates who are not parties to this lawsuit, implicate both the privacy concerns of those inmates and potentially endanger their safety as they could make reference to confidential information or identify those inmates as gang members. Due to these concerns, the parties have agreed to this protective order.

2. Subject to, and without waiving any objections any party may have as to the discoverability or admissibility of any of these documents, the defendants will produce the following documents subject to the remainder of this stipulation:

a. Notice of Critical Information Confidential Enemies form regarding Lopez.

b. Memorandum dated June 8, 2006, to Captain Field from CO Garcia, regarding safety concerns of an inmate.

c. Memorandum dated December 28, 1999, to Captain Peterson from Institutional Gang Investigator Johnson, regarding debriefing of inmate.

d. Memorandum dated June 8, 2000, to Chief Deputy Warden Runnels from Institutional Gang Investigator Johnson, regarding debriefing of inmate.

e. Memorandum dated July 22, 1997, to Captain Smith from CO King, regarding debriefing of inmate.

f. Documents regarding training of defendants in the investigation, identification, validation, monitoring and/or tracking of a prisoner as an active or inactive gang member.

g. Staff complaints filed against the defendants regarding their involvement in the investigation, identification, validation, monitoring and/or tracking of a prisoner as an active or inactive gang member.

h. CDCR Special Services Unit file regarding Lopez, containing the gang validation packets concerning Lopez.

i. Post Order acknowledgments signed by the defendants which relate to their involvement in the investigation, identification, validation, monitoring and/or tracking of a prisoner as an active or inactive gang member.

3. The documents and contents of the documents described above shall be used only in connection with this action, shall not be disclosed to any person other than the individuals set forth below and may be ...


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