Plaintiff, a transgender woman and former inmate with the Illinois Department of Corrections (“IDOC”), filed a lawsuit in the U.S.D.C., S.D. Illinois, against wardens and officers of the IDOC pursuant to 42 U.S.C. § 1983. The Plaintiff asserted claims for deprivations of her constitutional rights, alleging sexual, physical and mental abuse, cruel and unusual punishment, and excessive force. Plaintiff also alleged Defendants failed to protect her from abuse, and kept her in segregation on false disciplinary charges which prevented her from receiving proper mental health. Prior to the instant lawsuit, Plaintiff had previously filed an action against IDOC which was settled with a transfer to a different correctional center.
Both Plaintiff and Defendants filed motions to compel Facebook posts. The district court held a hearing on the motions.
Plaintiff sought Defendants to produce Facebook posts/comments/reactions pertaining to her, transgender inmates, or made by Defendants from the private group Facebook page, “Behind the Walls – Illniois Dep’t of Corrections” – a private group established for correctional staff. Additionally, Plaintiff sought the same information from the personal Facebook accounts of the Defendants, including posts/comments/reactions pertaining to Plaintiff and transgender inmates and related activity logs. As for both the foregoing requests, Plaintiff sought an order compelling Defendants’ counsel to conduct the search of electronically stored information (ESI) to determine what information would be subject to the order. The catalyst for Plaintiff seeking this information was her receipt of some sample postings from the private group Facebook page. According to Plaintiff, those sample postings discussed her, and were homophobic, racist, transphobic, and demeaning.
The district court granted Plaintiff’s motion to compel. Defendants, through counsel, were ordered to search the ESI contained on the private group Facebook page, Behind the Walls – Illniois Dep’t of Corrections” and to produce any posts: (1) mentioning Plaintiff; (2) mentioning transgender prisoners; or (3) posted by Defendants. Additionally, Defendants, through counsel, were ordered to search the ESI of each Defendants’ personal Facebook page and produce any posts or comments mentioning: (1) Plaintiff; or (2) any transgender prisoners. Defendants’ counsel was ordered to search each Defendant’s activity log and produce a list of any activity (posts, comments, reactions, etc.) pertaining to Plaintiff or transgender prisoners. The time frame for the foregoing searches was January 2018 through the present.
The Defendants sought Plaintiff’s personal Facebook posts which reference her prior litigation with IDOC, arguing such posts were relevant because of Plaintiff’s gender identity and treatment were central issues in the case. Moreover, Defendants argued that Plaintiff’s Facebook posts would show lasting effects of the Defendants’ actions and how she was treated by Defendants and her vulnerability while in prison. The Court ruled the information sought was relevant. However, as a result of Plaintiff’s Facebook page being public, and available for viewing by the general public, counsel for both parties agreed that Plaintiff need only provide Defendants with her Facebook “handle” to satisfy Defendants’ production request. Accordingly, the district court ordered Plaintiff to produce her Facebook handle to Defendants.
All the information produced pursuant to the district court’s order is subject to a conditional protective order.