United States District Court, M.D. Tennessee, Nashville
SHERRY HAINES, Next of Kin of Deceased, SCOTT HAINES, Plaintiff,
THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE, et al. Defendants.
DEPARTMENT OF LAW OF THE METROPOLITAN GOVERNMENT OF NASHVILLE
AND DAVIDSON COUNTY WM. MICHAEL SAFLEY, #6690 ACTING DIRECTOR
OF LAW Keli J. Oliver, Melissa Roberge, Assistant
Metropolitan Attorneys Metropolitan Courthouse, Attorneys for
THOMASON, KING, KRIEG & WALDROP, P.C. Susan W. Carey,
Alaina M. Beach, Attorneys for Wellpath, LLC and Calista
L. PHILLIPS, TIFFANY D. HAGAR, Hagar & Phillips, PLLC
Attorneys for Plaintiff.
Rebecca C. Blair THE BLAIR LAW FIRM Attorney for Defendant
M.L. Brown Attorney for Seth Vaughn.
Crenshaw Chief Judge.
AGREED PROTECTIVE ORDER
Court finds that the parties desire that an Agreed Protective
Order be entered in this action allowing the Defendant
Metropolitan Government to provide all parties with video
footage that depicts the interior of a Davidson County
Sheriff's Office facility. The Parties hereby agree that
if there is a dispute as to the subject matter of this Order,
this Court has jurisdiction to resolve the dispute.
Agreed Protective Order is intended to protect the video
footage, as it is required to and/or may be maintained by the
Metropolitan Government in a confidential manner, pursuant to
Tenn. Code Ann. § 10-7-504(m)(1)(E), which states:
(m) (1) Information and records that are directly related to
the security of any government building shall be maintained
as confidential and shall not be open to public inspection.
For purposes of this subsection (m), "government
building" means any building that is owned, leased or
controlled, in whole or in part, by the state of Tennessee or
any county, municipality, city or other political subdivision
of the state of Tennessee. Such information and records
include, but are not limited to:
(E) Surveillance recordings, whether recorded to audio or
visual format, or both, except segments of the recordings may
be made public when they include an act or incident involving
public safety or security or possible criminal activity. In
addition, if the recordings are relevant to a civil action or
criminal prosecution, then the recordings may be released in
compliance with a subpoena or an order of a court of record
in accordance with the Tennessee rules of civil or criminal
procedure. The court or administrative judge having
jurisdiction over the proceedings shall issue appropriate
protective orders, when necessary, to ensure that the
information is disclosed only to appropriate persons. Release
of any segment or segments of the recordings shall not be
construed as waiving the confidentiality of the remaining
segments of the audio or visual tape.
on the foregoing, it appears to the Court that this Agreed
Protective Order is warranted and acceptable. Therefore, it
is hereby ORDERED, ADJUDGED AND DECREED as
video footage produced by the Metropolitan Government shall
be deemed confidential and be subject to the requirements of
this Agreed Protective Order. The video footage shall not be
disclosed, except as otherwise permitted by this Order.
parties and their counsel are prohibited from using or
disclosing the video footage for any purpose ...