Coleman, et al v. Schwarzenegger, et al
Filing
4833
ORDER signed by Judge Lawrence K. Karlton on 9/26/2013 ORDERING that Defendants' 4797 Motion in Limine is DENIED insofar as it seeks exclusion of the videos or their review in camera only. Any video offered and accepted into evidence at t he evidentiary hearing set to commence on 10/1/2013 and to continue thereafter until completed shall be shown in open court, subject to protective order. Counsel for plaintiffs shall take all steps necessary to ensure that a copy of this order is distributed to every person in the audience during any court session at which a video subject to this order will be shown. (Zignago, K.)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RALPH COLEMAN, et al.,
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No. CIV. S-90-520 LKK/JFM (PC)
Plaintiffs,
v.
ORDER
EDMUND G. BROWN, JR., et al.,
Defendants.
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Defendants have filed a motion in limine to exclude from
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evidence at the upcoming evidentiary hearing videos depicting
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use-of-force incidents. In the alternative, defendants request
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that the videos be introduced at the hearing under seal and
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reviewed in camera consistent with the existing protective order
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in this action because the videos “repeatedly identify inmates,
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private personnel information, and other information shielded
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from disclosure.”
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(ECF No. 4797) at 5.
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information identifying inmates and request a “narrow and
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targeted protective order directing any member of the public or
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press who views the videos not to publicly disclose the names,
Defs.’ MIL No. 6, filed September 12, 2013
Plaintiffs agree that the videos contain
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identification numbers, or other personally-identifying
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information of the class members depicted therein.”
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to Defs. MIL No. 6, filed September 19, 2013(ECF No. 4820) at 7.
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Plaintiffs contend that defendants have not met their burden to
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show that peace officer information contained in the videos is
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privileged, but do not oppose inclusion in the protective order
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restrictions on disclosure of peace officers’ names and badge
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numbers.
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Pls.’ Opp.
Good cause appearing IT IS HEREBY ORDERED that:
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Defendants’ motion in limine (ECF No. 4797) is denied
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insofar as it seeks exclusion of the videos or their review in
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camera only.1
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Any video offered and accepted into evidence at the
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evidentiary hearing set to commence on October 1, 2013 and to
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continue thereafter until completed shall be shown in open court,
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subject to the following protective order:
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a.
No copy of the video or
portion thereof shall be
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released to any member of the public or the press, and no
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recording of the proceedings at which any video is shown will be
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permitted.
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b.
Any member of the public or press who views the
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videos is prohibited from publicly disclosing the names,
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identification numbers, or other personally-identifying
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information of any inmate or any peace officer or other employee
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of the California Department of Corrections and Rehabilitation
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It is also denied as to the general request to exclude the audio
portion of the videos, made on the ground that audio portion of the videos is
inadmissible hearsay, without prejudice to defendants’ right to interpose
specific objections in the context of specific testimony or argument that may
be proferred by plaintiffs concerning specific audio portions of the videos.
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(CDCR) who may appear in any such video.
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Counsel for plaintiffs shall take all steps necessary to
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ensure that a copy of this order is distributed to every person
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in the audience during any court session at which a video subject
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to this order will be shown.
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IT IS SO ORDERRED.
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DATED:
September 26, 2013.
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