Motion,Ex Parte: Smith, Richard N vs. Barnstable County Sheriff's Office

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                                » : SUPERIOR COURT
BARNSTABLE, SS

 

 

 

 

 

JAN 2°3 2015
COMMONWEALTH OF MASSACHUSETTS
bit foUikeu Clerk
BARNSTABLE, ss. SUPERIOR COURT
CIVIL ACTION 2014-528

RICHARD N. SMITH, IIT )
Plaintiff )
)
v. )
)

BARNSTABLE COUNTY SHERIFF’S OFFICE )
Defendant )

MOTION FOR PROTECTIVE ORDER

Pursuant to Mass.R.Civ.P. 26(c), Defendant in the above-entitled action moves this
honorable Court for a protective order on the identity of a former inmate who was held
contemporaneously with the Plaintiff at the time the incident leading to the present litigation
occurred. The Plaintiff is suing the Sheriff's Office for injuries he received allegedly as the result
of a fall while in Sheriff's Office custody.

The Sheriff's Office wants to ensure the life, safety, security, privacy and confidentiality
of that inmate in order to prevent that potential witness from being threatened, intimidated and
put at risk.

As an attachment to Discovery requests filed on the Sheriff's Office the Plaintiff
produced a redacted Sheriff's Office Intelligence Report wherein it stated a former inmate came
forward to Sheriff's Office transportation staff and informed them that the Plaintiff attempted to
elicit false testimony from him regarding Sheriff's Office transportation officers and as to other
pertinent matters. That redacted report is Attachment A.

Upon initial presentment by the Plaintiff, then Pro Se, the Sheriff's Office investigated the
Plaintiff's claim as called for in the Massachusetts Torts Claim Act, MGL c 259 § 4. The

Sheriff's Office Special Operations Unit was sent to the Massachusetts State Prison then holding

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2- WHSthat inmate. That inmate participated in a recorded interview with Sheriff's Office Special
Operations staff. The Sheriff's Office is in possession of that recording and the original un-
redacted report.

It is axiomatic that such participation with law enforcement personnel can put the life and
safety of inmates in jeopardy. Such open participation is also essential in criminal and civil
matters before the courts of this state and the federal government. Protecting the safety of such
participants is essential to the pursuit of justice and the life and safety of such witnesses.

Specifically, Defendant seeks a protective order on discovery that provides for the
following:

1. That deposition of said inmate be conducted with only the parties’ counsel present;

2. That deposition transcripts be sealed until ordered opened by the Court, excepting that the
transcripts may be made available to the parties to the action, their counsel and designated expert
witnesses;

3. That the parties, their counsel, and designated expert witnesses be restrained from discussing
with or disclosing to third persons the said inmate’s identity including but limited to requests for
interrogatories, request for documents, depositions, or other materials produced by the parties in
the course of discovery.

4. That the Court order the Plaintiff not share this inmate’s identity with anyone outside what is
necessary for the pursuit of his case. That the Plaintiff not attempt to locate this inmate and

contact anyone regarding his identity such as to cause him harm or cause him not to testify or
participate truthfully in this matter.

WHEREFORE, Defendant prays the Court enter a protective order on discovery that will
accomplish the substantial purpose of protecting the potential witness’ identity from discovery
being used to intimidate or embarrass the parties.

Respectfully submitted,

For the Defendant,
Barnstable County Sheriff's Office,Lo we
-_

Matthew J-iviurphy

Special Assistant Attorney General
General Counsel

Barnstable County Sheriff's Office
6000 Sheriff's Place

Bourne, MA 02532

BBO # 641578

(508) 563 - 4311Exhibit
ACOMMONWEALTH OF MASSACHUSETTS
Barnstable County Sheriff's Office

INTELLIGENCE REPORT

Intelligence Report #: 15002394 Incident Time: 06:10 Date: 06/15/2012

Facility : Barnstable County Sheriff's Office Place Occurred: Transportation
Codes & Subject : inmate Related Potential Problems Security Ri
Reported By : Peterson Craig Correctional Department: Transportation Reported Date: 06/15/2012
Description : oe Friday June’ 15, 2012, | Deputy Craig Peterson and Deputy Marc Morin were assigned to-S11. We
. were trarisporting Inmate 8 . -

   

2 EN Ie inmate BYP told me that Inmate Richard Smith MSA 0000074
was asking other H-pod inmates to testify saying that |, Deputy Peterson-step on inmates leg restraints
to make them fall while transporting them to court.

3. | have documented twice in the past (reports #15177205, 15174699) of inmate Smith stepping on his
‘ leg restraints and attempting to fall while I escort him to and from court.

4. Sgt. Carroll and Lt. Ross notified. eor/ccp

Person Type Person ID Booking ID Name Housing Unit
Inmate MSA0000074 P283719 SMITH, RICHARD N 3RD
Sm awe 2S

Entered By: Peterson Craig Correctional Officer
Special Operations Officer: Ahonen Robert : Date: 06/18/2012

Comments : Information noted and this report will be filed. (RGA)

\_ Referred To: Date:
Comments:

User ID: MLYNCH Date: 11/26/2014 Time: 14:00 Page 1 of 1COMMONWEALTH OF MASSACHUSETTS

BARNSTABLE, ss — SUPERIOR COURT DEPARTMENT
CIVIL ACTION 2014-528
RICHARD N. SMITH, III )
Plaintiff )
)
v. )
)
BARNSTABLE COUNTY SHERIFF’S OFFICE )
Defendant
NOTICE OF FILING

I hereby certify that I notified all parties of the filing of the within motion and associated
papers by mailing a true and accurate copy postage prepaid of this document, together with all
documents of the Defendant Barnstable County Sheriff's Office’s:

John C. Manoog

James T. Sullivan

Law Office of John C. Manoog, III
450 South Street

Hyannis, MA 02601

Matthew J. Murphy

General Counsel

Barnstable County Sheriff’s Office
6000 Sheriff's Place

Bourne, MA 02532

Date: January 20, 2015