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McDaniel v. Dietrich School District No. 314

United States District Court, D. Idaho

March 6, 2017

ANTWON McDANIEL Plaintiff,
v.
DIETRICH SCHOOL DISTRICT NO. 314, et al., Defendants.

          MEMORANDUM DECISION AND ORDER

          B. LYNN WINMILL, CHIEF JUDGE UNITED STATES DISTRICT COURT

         INTRODUCTION

         The Court has before it a motion to quash subpoena filed by the Idaho Department of Health and Welfare, a motion for a Rule 35 examination filed by defendants, and a motion to appoint a guardian ad litem filed by the plaintiff. The motions are fully briefed and at issue. For the reasons set forth below, the Court will deny the motion to quash, grant the motion for a Rule 35 examination, and reserve ruling on the motion for a guardian ad litem until the Court can conduct an evidentiary hearing.

         BACKGROUND

         Plaintiff McDaniel brings this action for damages alleging that he was subjected to racial discrimination, pervasive harassment, and anal rape while a student at Dietrich High School. McDaniel alleges that his injuries include a severe and permanent stress disorder that will require life-long counseling and treatment. At the time of these incidents, McDaniel was in foster care with the family of Tim and Shelly McDaniel who have been foster or adoptive parents for many children over the years. In that capacity as foster and adoptive parents, Tim and Shelly McDaniel have worked closely with IDHW.

         To determine whether McDaniel's injuries resulted from the incidents alleged or from some other cause, the defendants sought the IDHW files on the McDaniel family. Unable to reach an agreement out of court, the defendants filed a subpoena on the IDHW seeking the following documents:

(1) Any and all adoption records related to any children placed in the care of Tim McDaniel and Shelly McDaniel at any time;
(2) Any and all foster care records related to any children placed in the care of Tim McDaniel and Shelly McDaniel at any time;
(3) Any and all documents which have been submitted in connection with, or as part of any applications for adoption or foster care by Tim and/or Shelly McDaniel;
(4) Any and all documents pertaining to any complaints, issues or concerns lodged by any persons including third parties, government officials, or any child in their permanent or temporary care; and
(5) Any and all documents showing monies paid to either Tim or Shelly McDaniel related to any children in their permanent or temporary care.

         The IDHW responded by filing a motion to quash the subpoena, arguing that it was overbroad and unduly burdensome. In the alternative, the IDHW argued that if the material must be turned over that it be covered by a protective order. Defendants agreed to the issuance of a protective order, but the parties were unable to stipulate to its terms. The issue must therefore be resolved by the Court.

         Plaintiffs have filed a motion to appoint McDaniel's father - Tim McDaniel - as his guardian ad litem. The defendants agree that McDaniel needs a guardian ad litem but ask that a neutral attorney be appointed instead of McDaniel's father.

         Finally, the defendants filed a motion for Rule 35 examination that was resolved during a telephone conference with the Court. The Court will ...


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