E.S., et al. v. County of Tulare, et al.

Filing 52

STIPULATION and ORDER re IN CAMERA REVIEW of Peace Officer's Personnel File, signed by Magistrate Judge Barbara A. McAuliffe on 1/6/2015. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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E.S., a minor, by and through her
Guardian ad Litem, VALINE
GONZALEZ, J.F., a minor, by and
through his Guardian ad Litem,
BRIDGET FLORES; in each case
individually and as successor in interest
to ARMANDO SANTIBANEZ, deceased;
and MARIA MORENO, individually,

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v.
CITY OF VISALIA, TIM HAENER and
DOES 2-10, inclusive.
Defendants.

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I.

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LAW OFFICES
DOOLEY, HERR,
PEDERSEN &
BERGLUND BAILEY
Attorneys at Law, LLP
100 Willow Plaza
Suite 300
Visalia, CA 93291
[phone]

STIPULATION AND ORDER RE IN
CAMERA REVIEW OF PEACE
OFFICER’S PERSONNEL FILE

Plaintiffs,

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CASE NO.: 1:13-cv-01697-LJO-BAM

RECITALS
WHEREAS,

on

February

8,

2013,

Plaintiffs’

decedent,

ARMANDO

SANTIBANEZ, was shot and killed during a traffic stop initiated by members of the
Visalia Police Department.
WHEREAS, on October 10, 2014, Plaintiffs filed a Third Amended
Complaint against Defendants CITY OF VISALIA and Visalia Police Officer TIM
HAENER

seeking

unconstitutional

damages

custom,

under

practice

theories
or

policy,

of

municipal

constitutional

liability

for

violations

of

unreasonable search and seizure, detention and arrest, excessive force, denial of

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medical care, substantive due process, false arrest/false imprisonment, battery,

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and negligence.

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WHEREAS, while engaged in discovery Plaintiffs have demanded, among

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other documents, the production of Defendant TIM HAENER’s complete personnel

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file.

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WHEREAS, Defendant CITY OF VISALIA objected to this blanket request on

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the grounds that it was overly broad, irrelevant and on the further ground that

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disclosure would violate the privacy rights of Defendant TIM HAENER under the

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official information privilege.

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WHEREAS, in order to resolve this discovery dispute, Defendant CITY OF

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VISALIA has offered to produce Defendant TIM HAENER’s personnel file to the

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Court (Hon. Barbara A. McAuliffe) for an in camera inspection.

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WHEREAS, the Court, after carefully weighing the rights of the respective

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parties, should determine whether certain materials may have any relevancy to

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Plaintiffs’ claims, and then weigh the potential benefits of disclosure of this

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personnel information against the potential disadvantages that may flow as a

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result of the disclosure.

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II.

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STIPULATION

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IT IS HEREBY STIPULATED, BY AND BETWEEN THE PARTIES

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HERETO, THROUGH THEIR RESPECTIVE ATTORNEYS OF RECORD, AS

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FOLLOWS:

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LAW OFFICES
DOOLEY, HERR,
PEDERSEN &
BERGLUND BAILEY
Attorneys at Law, LLP
100 Willow Plaza
Suite 300
Visalia, CA 93291
[phone]

1. In response to Plaintiffs’ Request for Production of Documents,
Defendant CITY OF VISALIA has:
a. Previously produced all of Defendant TIM HAENER’s training records
from his personnel files;
b. Acknowledged there have been no prior instances of deadly force
used by Defendant TIM HAENER; and

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c. Acknowledged there have been no instances of disciplinary action

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taken against Defendant TIM HAENER pertaining to his use of excessive force,

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unreasonable force, or deadly force as a result of the February 8, 2013 incident or

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at any time.

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2. Defendant CITY OF VISALIA, at a mutually agreed upon date and time,

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shall produce Defendant TIM HAENER’s complete personnel files to the Court for

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an in camera inspection in chambers, outside the presence of Plaintiffs’ attorneys.

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3. Leonard C. Herr, counsel for Defendant CITY OF VISALIA, shall be

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authorized to deliver true and correct copies of all of Defendant TIM HAENER’s

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personnel files to Court for purposes of the in camera inspection.

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4. The record of the in camera review shall be sealed by the Court.

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5. As part of the in camera inspection, the Court shall review the following

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information:

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a. Internal Affairs investigation conducted by the Visalia Police
Department into the February 8, 2013 shooting incident.

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b. Any documents memorializing the conclusion that Defendant TIM
HAENER’s use of deadly force on February 8, 2013 was justified.

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c. Any documents evidencing ratification of Defendant TIM HAENER’s
use of deadly force on February 8, 2013.

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d. Citizen’s complaints made against Defendant TIM HAENER
pertaining to his use of excessive, unreasonable or deadly force;

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6.

In the event that after carefully weighing the respective rights of the

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parties the Court orders disclosure of any documents from the personnel files of

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Defendant TIM HAENER, said documents shall be released to the Plaintiffs subject

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to a protective order.

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///

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///

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///

LAW OFFICES
DOOLEY, HERR,
PEDERSEN &
BERGLUND BAILEY
Attorneys at Law, LLP
100 Willow Plaza
Suite 300
Visalia, CA 93291
[phone]

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DATED: December 29. 2014

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LAW OFFICES OF DALE K. GALIPO
LAW OFFICES OF NIKOLAUS W. REED
QUIRK LAW GROUP
By:

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DATED: December 29, 2014

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DOOLEY, HERR, PEDERSEN & BERGLUND
BAILEY, LLP
By:

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/s/ Dale K. Galipo
DALE K. GALIPO
NIKOLAUS W. REED
LOGAN QUIRK
Attorneys for Plaintiffs

/s/ Leonard C. Herr
LEONARD C. HERR,
Attorney for Defendants

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III.

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ORDER

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UPON GOOD CAUSE BEING SHOWN as set forth in the stipulation of
counsel,

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IT IS HEREBY ORDERED that Defendant CITY OF VISALIA at a mutually

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convenient date and time, shall produce Defendant TIM HAENER’s complete

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personnel files to the Court for an in camera inspection in chambers, outside the

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presence of Plaintiffs’ attorneys.

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IT IS FURTHER ORDERED that Leonard C. Herr, counsel for Defendant

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CITY OF VISALIA, shall be authorized to deliver true and correct copies of all of

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Defendant TIM HAENER’s personnel files to Court for purposes of the in camera

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inspection.

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LAW OFFICES
DOOLEY, HERR,
PEDERSEN &
BERGLUND BAILEY
Attorneys at Law, LLP
100 Willow Plaza
Suite 300
Visalia, CA 93291
[phone]

IT IS FURTHER ORDERED that as part of the in camera inspection, the
Court shall review the following information:
a. Internal Affairs investigation conducted by the Visalia Police Department
into the February 8, 2013 shooting incident.
b. Any documents memorializing the conclusion that Defendant TIM

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HAENER’s use of deadly force on February 8, 2013 was justified.

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c. Any documents evidencing ratification of Defendant TIM HAENER’s
use of deadly force on February 8, 2013.

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d. Citizen’s complaints made against Defendant TIM HAENER pertaining to
his use of excessive, unreasonable or deadly force.

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IT IS FURTHER ORDERED the record of the in camera review shall be
sealed.

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IT IS FURTHER ORDERED that any explanation or argument by defendants

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that the documents listed above are protected from disclosure shall be presented

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by way of declaration, filed under seal.

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IT IS FURTHER ORDERED that in the event this Court should order

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disclosure of any documents from the personnel files of Defendant TIM HAENER,

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said documents shall be released to the Plaintiffs subject to a protective order.

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IT IS SO ORDERED.

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LAW OFFICES
DOOLEY, HERR,
PEDERSEN &
BERGLUND BAILEY
Attorneys at Law, LLP
100 Willow Plaza
Suite 300
Visalia, CA 93291
[phone]

Dated:

January 6, 2015

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE