United States District Court, E.D. Arkansas, Western Division
HONORABLE D.P. MARSHALL JR. DISTRICT JUDGE
parties to this action have stipulated through their
respective counsel to the entry of this Agreed Protective
During the course of litigation of this case, Plaintiff has
requested that the Defendants provide certain documents in
discovery that contain confidential and personal information
pertaining to the parties. The requested documents include
personnel records and disciplinary records in the possession
of the Little Rock Police Department ("LRPD") and
the City of Little Rock.
aforementioned files may contain certain information that is
confidential and not available to the general public. This
confidential information consists of social security numbers,
driver's license numbers, employee identification
numbers, home addresses, unlisted telephone numbers, credit
card and bank account numbers, medical records, or other
personal identifying information.
addition, certain of these files may involve investigations
of employees that did not result in disciplinary action, or
resulted in disciplinary action that did not involve a
suspension, demotion or termination. Documents and other
materials that are generated by Internal Affairs
investigations that do not result in suspension, demotion or
termination are not available to the public, even under the
provisions of the Arkansas Freedom of Information Act.
See Ark. Code Ann. §25-19-105(c)(1) (West Supp.
2012). For purposes of this case, any such materials
shall be maintained as confidential by Plaintiff and not
distributed except as provided in paragraph 5 of this Agreed
Counsel for the parties have agreed, and the Court orders,
that any and all documents contained in the files produced by
the Defendants in response to discovery requests from the
Plaintiff, or from any of the Defendants, including all
confidential and personal information identified in
paragraphs 2 and 3, shall be used solely for the purpose of
litigating this action and that documents contained in the
files shall not be disclosed except as permitted herein, to
wit: Plaintiff is currently litigating civil rights claims
against Mark Stodola in his Official Capacity as Mayor of the
City of Little Rock, Arkansas, Officer Mitchel Jackson,
Officer Brittany Godfrey, and the City of Little Rock,
Arkansas in the case of Larry Hamilton v. Mark Stodola
et. at, United States District Court, Docket No.
4:17-CV-00756-DPM. Counsel for the Defendants is directed to
ensure that confidential and personal information identified
in paragraphs 2 and 3, except for name, is redacted.
During the course of these proceedings, a party may determine
that it is appropriate to request production of information
or material that has been redacted pursuant to the terms of
this Agreed Protective Order. In the event any party requests
production of information that has been redacted, the parties
will confer in an attempt to stipulate as to the terms and
conditions under which such information may be produced. In
the event the parties are unable to agree, the parties will
follow the Scheduling Order's procedures for discovery
disputes. Defendants will also file the requested documents
ex parte under seal. Any production of the materials
will be subject to the terms and conditions imposed by the
Those subject to this protective order are the parties to the
action, including all of their officers, directors,
employees, attorneys, consultants, and any experts whether
retained as consultants or witnesses. Documents produced by
the Defendants, and any information contained therein, may be
disclosed only to the parties, the parties' attorneys of
record in this matter, employees of the parties'
attorneys, and any expert witnesses retained by the parties
in connection with this action. The documents shall not be
disclosed to any other person, partnership, firm,
corporation, or any other person or entity. Copies of all
such files produced in discovery shall be maintained in the
custody of the parties' counsel and not distributed to
anyone with the exception of an expert witness retained by
counsel for the parties as a consultant or witness. The
parties are strictly forbidden from disseminating any
documents covered by this Order to anyone and are likewise
directed not to discuss any information contained in any such
documents with anyone other than those persons authorized by
this Order. Counsel and the parties in this case understand
and agree that a violation of the provisions of this Order
could subject them to a finding of contempt of Court.
Order is entered based on the representations and agreements
of the parties and for the purpose of facilitating discovery.
Nothing herein will be construed as a judicial determination
that any specific document or item of information is
admissible in evidence at the trial of this case.
Furthermore, by stipulating to the entry of this Order, no
party waives any right or objection it would otherwise have
in absence of the Order.
Within thirty days of the final termination of this action,
including all appeals, counsel for the parties shall serve an
affidavit of destruction on counsel for the Defendants
attesting that all personnel and disciplinary documents
provided pursuant to this Order, including all copies made of
such documents, have been destroyed. This Court's
jurisdiction to enforce this Order will end one year after
the final termination of this action. Thereafter, the
obligations of the parties and others under this Order shall
be solely a matter of contract.