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up because it is part of her medical record, which is protected by the American Health Insurance Portability and Accountability Act Health Information Policy (HIPAA). She is weighed while clothed on scales that are erratic and not set to zero; on at least one occasion, the scale was set above five pounds. Her eyesight is failing, and her hair is thinning. The guards are far from qualified to assess Ms. Maxwell's physical condition.
Releasing any inmate's medical information (i.e., weight, vaccinations, etc.) without inmate consent is a HIPAA violation. By releasing such information regarding Ms. Maxwell, the MDC has violated HIPAA, a privacy breach compounded by the government's letter. Requesting medical attention puts Ms. Maxwell's privacy and HIPAA rights at risk. We request that the Court order the MDC to cease releasing Ms. Maxwell's health information. Breach aside, such information falls within the "caution" category identified in Your Honor's Individual Practice in Criminal Cases (see 8D (Redactions)). The government, ever protective of sensitive items of discovery that relate to the alleged victims, should exhibit the same concern for Ms. Maxwell's right to privacy.
The incident of physical abuse which occurred when Ms. Maxwell was shoved into her isolation cell to be searched was previously reported to MDC Legal and the Court and investigated within the facility. The guard responsible for the abuse is a member of a rotating team that has been the subject of complaint, yet some members were reassigned to Ms. Maxwell for the past two weeks. The incident at issue occurred when Ms. Maxwell was facing forward in front of an officer whose back was in front of the handheld camera. On information and belief, the camera was not recording at that time. The government disputes Ms. Maxwell's claim by citing a video. We request that the Court direct the government to provide defense counsel with that video. In response to any misconduct of guards, the standard reply is that "the matter will be