The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ALTON D. BROWN, )
)
Plaintiff, )
)
vs. ) Civil No. 16-1081
)
TOM WOLF, et al., )
)
Defendants. )
MEMORANDUM ORDER
Before the Court is Alton D. Brown’s “Appeal of Magistrate Judge’s Order dated
4/9/2024 (Doc. #680),” which ruled upon Mr. Brown’s Motion for Order Enforcing Discovery
Orders and Request for Additional Discovery (ECF No. 624). ECF No. 684. Mr. Brown argues
that the Magistrate Judge erred in denying his request for mental health records. Mr. Brown
asserts that such records are relevant to this matter. He explains how, in various ways, his
mental health has suffered, he has experienced psychological distress, and he has been subjected
to brain washing. Nonetheless, ordering production of mental health records to an inmate in a
civil action is not typically done due to the concern that the release of such records, which detail
the assessment and treatment of an inmate, may pose a security risk to staff and/or the institution.
Leaphart v. Little, No. CV 23-1062, 2024 WL 249008, at *6 (W.D. Pa. Jan. 23, 2024). In Banks
v. Beard, the District Court explained in detail why such mental health records are not typically
produced:
With respect to the mental health records, were they made available to inmates or
the public, DOC professionals would tend to refrain from entering candid
opinions and evaluations. Consequently, decision-makers would not have the
benefit of honest observations from professionals in the field. Moreover, if an
inmate knows how DOC staff will evaluate him and how particular behaviors are
likely to be interpreted, he is capable of manipulating the resulting determination,
which could lead to inaccurate assessments, improper institutional placements,
and possible premature release from custody.
Banks v. Beard, 2013 WL 3773837, at *3 (M.D. Pa. July 17, 2013). Mr. Brown alludes
to the necessity of providing his mental health records and attempts to explain why they
are relevant to his case. However, none of his remaining claims relate to mental health
treatment and his mental health records do not appear relevant to any of his claims. The
Court finds that the Magistrate Judge’s Order, ruling on Mr. Brown’s Motion for Order
Enforcing Discovery Orders and Request for Additional Discovery, is not clearly
erroneous, contrary to law, or an abuse of discretion.
AND NOW, this 1st day of May 2024, it is hereby ORDERED that Alton Brown’s
“Appeal of Magistrate Judge’s Order dated 4/9/2024 (Doc. #680),” ECF No. 624, is denied.
__s/Marilyn J. Horan__________
Marilyn J. Horan
United States District Court Judge
Alton D. Brown, pro se
DL-4686
SCI Fayette
48 Overlook Drive
LaBelle, PA 15450-1050