Case 8:12-cv-00568-SDM-MAP Document 218

Filed 12/17/12 Page 1 of 3 PageID 6329

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CHANDA HUGHES, et al., Plaintiffs, v. GRADY JUDD, et al., Defendants. ___________________________/ ORDER Before the Court is Plaintiffs motion to compel entry onto land and request for expedited hearing (doc. 211) and Defendant Judd's response (doc. 216). The Court held a hearing on the motion on December 17, 2012. As stated at the hearing and after considering the issues, Plaintiffs' motion is granted in part and denied in part as follows. Plaintiffs' conditions expert, Paul DeMuro, is permitted to conduct a 3-day inspection of the Polk County Jail from January 15-17, 2013. The inspection shall consist of two 8-hour days of conditions inspections as discussed at the hearing and one 8-hour day of interviews of juvenile inmates whom DeMuro identifies in advance. Defendants shall grant Plaintiffs expert access to the areas of the jail where juvenile inmates are housed and all other areas to which they may have access. Plaintiffs expert may also have access to the video monitoring area and the storage areas where pepper spray and any other restraints are stored. The interviews must comply with the following conditions. Plaintiffs must obtain the consent of the inmate-interviewee and his or her counsel before the interview. DeMuro shall conduct the interviews at a location within the jail deemed appropriate by Defendant Judd, and the interview Case No. 8:12-cv-568-T-23MAP

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shall either be audio recorded or attended in person by a representative of the Polk County Sheriffs Office.1 The interviews shall not exceed one hour, and Plaintiffs expert is permitted to interview up to 15 inmates. By January 11, 2013, to the extent they are able, Plaintiffs shall disclose the identify of the inmates their expert seeks to interview and shall produce the signed consent forms to Defendants. The next issue is the proposed 2-day inspection by Plaintiffs mental health expert, Dr. Daphne Glindmeyer. Plaintiffs motion is granted to the extent that Glindmeyer may review the health records of juvenile inmates who consent to the release of their mental health information. The records must be designated Confidential under the parties joint protective order (doc. 93). Glindmeyer may also interview up to 15 consenting inmates under the same conditions stated above. Glindmeyer is permitted to inspect all areas of the jail where juveniles are housed and where they receive any mental health services, and areas to which they have access.2 I defer ruling on Plaintiffs request for the Court to permit Glindmeyer to observe psychiatric consultations or the administration of any mental health treatment, in light of Defendants concerns regarding HIPAA-protected information and patient confidentiality. The parties are directed to

Plaintiffs may select either option. If audio-recorded, Plaintiffs shall produce the recordings to Defendants. Plaintiffs have not suggested a date for Glindmeyers inspection. The parties are directed to select a mutually agreeable date before January 31, 2013, the deadline for Plaintiffs experts reports, that affords Plaintiffs expert enough time to compile her report. 2
2

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confer on the issue in an attempt to resolve it. If these efforts are unsuccessful, the parties may submit additional briefing on the topic, not to exceed 10 pages, by the close of business on Wednesday, December 19, 2012. DONE and ORDERED in Tampa, Florida on December 17, 2012.