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Keywords

plaintiffdefendantlitigationattorneylawyercompliance

plaintiffdefendantattorneydiscoverywill

Related Cases

Vega v. Bloomsburgh, 427 F.Supp. 593

Facts

The plaintiffs, Massachusetts residents eligible for Medicaid, sought declaratory and injunctive relief for the implementation of the EPSDT program. A memorandum issued by the Deputy Commissioner of the Department of Public Welfare instructed employees not to meet with plaintiffs' attorneys without the Department's attorney's approval, threatening disciplinary action for non-compliance. The plaintiffs challenged this memorandum, arguing it infringed on their rights to gather information relevant to their case.

In the underlying law suit, plaintiffs, Massachusetts residents eligible for Medicaid, seek declaratory and injunctive relief to secure full and proper implementation of the Early, Periodic, Screening, Diagnosis and Treatment (EPSDT) program, a component of the federal-state medical assistance program, Medicaid.

Issue

Whether the memorandum issued by state officials, which restricted employees from meeting with plaintiffs' attorneys without the presence of defendants' counsel, violated the employees' First Amendment rights.

Whether the memorandum issued by state officials, which memorandum instructed defendants' employees that it would be inappropriate for them to meet with plaintiffs' attorneys without specific approval of defendants' attorney, impinged on employees' First Amendment rights.

Rule

Employees of the state are not parties to the litigation, and their First Amendment rights protect their ability to communicate with plaintiffs' attorneys without restrictions imposed by their employer.

Employees of defendant state officials were not parties to action so as to preclude plaintiffs' attorneys from speaking to employees outside of the presence of defendants' attorney; and that memorandum issued by state officials… impinged on employees' First Amendment rights.

Analysis

The court determined that the defendants' memorandum improperly restricted employees' rights to speak with plaintiffs' attorneys. It emphasized that the employees were not represented by the Attorney General and that their interests were not necessarily aligned with those of the defendants. The court concluded that the First Amendment rights of the employees outweighed the defendants' interest in controlling the information shared by their employees.

Although the defendants might have some interest in being protected from the statements of their employees, this interest will be adequately served by the presence of the defendants' attorney during the formal stages of discovery. Moreover, the interest which they may have in their own protection is outweighed by the first amendment interests of their employees.

Conclusion

The court ordered the defendants to rescind the memorandum and to inform their employees that they could meet with plaintiffs' attorneys without fear of disciplinary action. The new memorandum must clarify that employees have the right to refuse such meetings or to have a Department lawyer present if they choose.

Defendants are instructed to issue a notice to their employees in the form embodied in Appendix D.

Who won?

Plaintiffs prevailed because the court upheld their right to interview state employees without the presence of defendants' counsel, affirming the employees' First Amendment rights.

Plaintiffs request this court to enjoin the defendants from requiring the presence of their counsel at interviews between plaintiffs' attorneys and any potential witnesses who are also employees of the defendant.

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