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Leamer v. Fauver

March 5, 2008

RE: CHARLES A. LEAMER
v.
WILLIAM H. FAUVER, ET AL.



The opinion of the court was delivered by: Mark Falk United States Magistrate Judge

CHAMBERS OF MARK FALK UNITED STATES MAGISTRATE JUDGE USPO & COURTHOUSE 1 FEDERAL SQ., ROOM 457 NEW ARK, NJ 07101 (973) 645-3110

LETTER OPINION

Dear Litigants:

Before the Court are briefs related to plaintiff pro se Charles A. Leamer's request for the disclosure of certain confidential discovery materials. As set forth below, the Court concludes that plaintiff is entitled to previously withheld psychological evaluations, therapy reports, investigative materials, and treatment records.

Prior opinions have discussed the background of this case in detail. See Leamer v. Fauver, 288 F.3d 532 (3d Cir. 2002); Leamer v. New Jersey, 2007 WL 213964 (D.N.J. July 24, 2007). Only the most relevant facts are repeated here.

Plaintiff filed his initial complaint alleging violations of 42 U.S.C. § 1983 in October 2005. Plaintiff challenged his initial placement in the prison's Restricted Activities Program ("RAP") and a litany of resulting circumstances. The Court dismissed the complaint in its entirety on January 30, 1998. Plaintiff appealed, and the Third Circuit reversed on April 19, 2002. See Leamer v. Fauver, 288 F.3d 532 (3d Cir. 2002).

Following remand, plaintiff filed an amended complaint, asserting the same primary claims as the initial complaint. Thereafter, the parties completed discovery and filed cross-motions for summary judgment. On January 25, 2006, the Court entered an Order permitting defendants to file certain exhibits to their summary judgment motion under seal because the exhibits contained confidential evaluations, records and other documents. Due to the sensitive nature of these documents, they were disclosed to plaintiff's counsel on an attorneys' eyes only basis. On March 2, 2006, plaintiff's then-counsel, James A. Plaisted, Esq., filed a motion to amend the Order to allow plaintiff to review the medical evaluations and records. Following a hearing on the record, the Court denied the motion on May 26, 2006.

Chief Judge Brown granted in part and denied in part the parties' summary judgment motions on July 24, 2007. Among the issues that remain are: the propriety of plaintiff's initial placement in RAP; the duration of time plaintiff was kept in RAP; and whether plaintiff received adequate therapeutic treatment during his time in RAP. (Opinion, dated July 24, 2007, at 22.)

After the motions for summary judgment were decided, the Court attempted to conduct settlement negotiations, which were unsuccessful. Following the failed attempts to resolve the case, the Court granted plaintiff's and counsel's request to relieve Mr. Plaisted as plaintiff's attorney on January 2, 2008. The January 2nd Order also directed defendants to provide their position on the disclosure of confidential discovery materials to Mr. Leamer, now a pro se litigant.

Defendants submitted their position papers on January 10, 2008. On January 28, 2008, plaintiff submitted a response. A brief summary of the parties' arguments follows.

Defendants contend that N.J.A.C. 10A:22-2.7 prohibits the release of mental health records to inmates. In addition, defendants note that investigative reports are not disclosed to inmates due to administrative and security concerns. Defendants request that the Court conduct a balancing test, weighing plaintiff's need for the materials against defendants' interest in confidentiality. In support of their argument, defendants submit the Declaration of Dr. Nancy Graffin, who is the clinical supervisor of the Adult Diagnostic Treatment ("ADTC") program. (Declaration of Nancy Graffin ("Graffin Decl.") ¶ 2.) Dr. Graffin's affidavit states that if treatment records and materials are disclosed to inmates, therapists may be reluctant to document potentially provocative details or issues. (Id. ¶ 4.) In addition, Dr. Graffin opines that disclosure could jeopardize the safety of staff members who have portrayed an inmate in what the inmate believes to be a negative light. (Id. ¶ 7.)

Although defendants concede that the records "may be material to the question of why [plaintiff] was placed in RAP," they contend that plaintiff is "not qualified as an expert to challenge therapists' opinions and evaluations." (Defs.' Br. 5-6.) Therefore, defendants assert that plaintiff has not shown a need for the documents that outweighs their confidentiality interests.

In response, plaintiff argues that he requires the documents at issue to "glean from their pages the information necessary to ensure exposure of the true facts underlying this action to both the Court and to the jury who will be hearing the case, and thereby advance a full and complete representation of the events . . . ." (Pl.'s Br. 7.) Plaintiff further argues that many of defendants' concerns are illusory. (Pl.'s Br. 8.) According to plaintiff, patient reviews at the ADTC are often conducted face-to-face, resulting in a detailed discussion of therapists' observations and conclusions. Despite this personal interaction, plaintiff states that he is not aware of a single instance of an inmate becoming violent in this context. (Pl.'s Br. 9.) Finally, plaintiff notes that he has been in possession of lightly redacted investigative reports for approximately ten years without incident. (Pl.'s Br. 17.)

The parties' cross-motions for summary judgment have been decided and the case is being prepared for trial. Plaintiff will try the case pro se. As a threshold matter, the Court finds, and defendants concede, that the information plaintiff seeks is relevant. See Fed. R. Civ. P. 26(b)(1) (discovery is permitted of any matter, relevant to the claim or defense of any party, that is not privileged); see also Oppenheimer Funds v. Sanders, 437 U.S. 340, 351 (1978) (stating that relevant discovery includes "any matter that bears on or that reasonably could lead to ...


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