VERONICA L. DUFFY, Magistrate Judge.
This matter is before the court on the pro se complaint of Stanley Maday alleging numerous claims under 42 U.S.C. § 1983 and under the Americans with Disabilities Act (ADA). Pending is a motion for a protective order by several of the defendants. Docket No. 43. Defendants allege they have yet to file an answer to Mr. Maday's complaint, but that he is already peppering defendants with numerous discovery requests which are extremely extensive in their scope. Defendants seek an order staying discovery in this case until they are able to file a motion seeking to enforce the qualified immunity defense. Mr. Maday objects to defendants' motion.
In order to show a prima facie case under 42 U.S.C. § 1983, Mr. Maday must show (1) defendants acted under color of state law and (2) "`the alleged wrongful conduct deprived him of a constitutionally protected federal right.'"
Qualified immunity protects government officials from liability and from having to defend themselves in a civil suit if the conduct of the officials "does not violate clearly established statutory or constitutional rights."
To determine whether an official may partake of qualified immunity, two factors must be determined: (1) whether the facts that plaintiff has shown make out a violation of a constitutional right and (2) whether that constitutional right was "clearly established" at the time of the official's acts.
"Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments," and "protects `all but the plainly incompetent or those who knowingly violate the law.'"
The Supreme Court has stated that "if the defendant does plead the [qualified] immunity defense, the district court should resolve that threshold question before permitting discovery."
Here, defendants have asserted the affirmative defense of qualified immunity.
ORDERS that defendant's motion to stay [Docket No. 43] is granted in part and denied in part. All discovery in this case except as addressed below is stayed until after resolution of defendants' qualified immunity defense. Defendants shall file their motion based on the qualified immunity defense as soon as possible, but no later than July 1, 2018. It is further
ORDERED that defendant shall provide immediately to Mr. Maday any and all medical records, including kites regarding medical care, pertaining to himself during his period of incarceration with defendants. This order is intended to cover all medical records for Mr. Maday, even if those records are in the custody of medical providers outside the South Dakota state penitentiary or South Dakota Department of Health system. If necessary, Mr. Maday shall sign a release allowing independent medical providers to disclose his medical records to defendants in order to effectuate this order.