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Haines v. Metropolitan Government of Nashville and Davidson County

United States District Court, M.D. Tennessee, Nashville

October 25, 2019

SHERRY HAINES, Next of Kin of Deceased, SCOTT HAINES, Plaintiff,
v.
THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE, et al. Defendants.

          THE 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 Metropolitan Government.

          LEWIS, THOMASON, KING, KRIEG & WALDROP, P.C. Susan W. Carey, Alaina M. Beach, Attorneys for Wellpath, LLC and Calista Doll.

          ERIC L. PHILLIPS, TIFFANY D. HAGAR, Hagar & Phillips, PLLC Attorneys for Plaintiff.

          Rebecca C. Blair THE BLAIR LAW FIRM Attorney for Defendant Michael Harvey.

          John M.L. Brown Attorney for Seth Vaughn.

          Crenshaw Chief Judge.

          AGREED PROTECTIVE ORDER

          Brown Magistrate Judge.

         The 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.

         This 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.

         Based 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 follows:

         1. The 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.

         2. The parties and their counsel are prohibited from using or disclosing the video footage for any purpose ...


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