Brunson v. N.C. Dep't of Soc. Servs., 5:09-CT-03063-FL (E.D.N.C. Apr. 24, 2013) reconsideration denied in part, 5:09-CT-3063-FL (E.D.N.C. July 29, 2013)

Section 1983 claim against DSS staff arguing that the agency filed false reports leading to his indictment. Plaintiff filed motion to compel production of documents protected by GS 7B-302. Court ordered production but required in camera review and, if provided to court, required a protective order.
"This Court has determined that Plaintiff should be allowed to proceed with his claims against Goodmon-Eatmon and Nunnery. Goodmon and Nunnery do not contest the relevance of the documents sought by Plaintiff, nor do they deny that the documents are within their possession or control. Plaintiff is therefore entitled to discovery of the documents. Accordingly, Plaintiff's motion to compel is GRANTED. However, as the documents are protected by statute, see N.C. Gen. Stat. § 7B-302, the undersigned agrees that a protective order is appropriate to preserve their confidentiality. The motion for protective order is therefore GRANTED IN PART. Defendants Goodmon-Eatmon and Nunnery are ORDERED to produce the six documents sought by Plaintiff directly to the Court for in camera inspection. Production of these documents should take place within ten (10) days after entry of this order. The Court will review the documents and determine which ones, if any, should be turned over to Plaintiff. If the documents are eventually filed with the Court, they will be maintained under seal."

Children's Services

Federal case

Cross references: