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.)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RALPH COLEMAN, et al., 12 13 14 15 No. CIV. S-90-520 LKK/JFM (PC) Plaintiffs, v. ORDER EDMUND G. BROWN, JR., et al., Defendants. 16 17 Defendants have filed a motion in limine to exclude from 18 evidence at the upcoming evidentiary hearing videos depicting 19 use-of-force incidents. In the alternative, defendants request 20 that the videos be introduced at the hearing under seal and 21 reviewed in camera consistent with the existing protective order 22 in this action because the videos “repeatedly identify inmates, 23 private personnel information, and other information shielded 24 from disclosure.” 25 (ECF No. 4797) at 5. 26 information identifying inmates and request a “narrow and 27 targeted protective order directing any member of the public or 28 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 1 1 identification numbers, or other personally-identifying 2 information of the class members depicted therein.” 3 to Defs. MIL No. 6, filed September 19, 2013(ECF No. 4820) at 7. 4 Plaintiffs contend that defendants have not met their burden to 5 show that peace officer information contained in the videos is 6 privileged, but do not oppose inclusion in the protective order 7 restrictions on disclosure of peace officers’ names and badge 8 numbers. 9 10 Pls.’ Opp. Good cause appearing IT IS HEREBY ORDERED that: 1. Defendants’ motion in limine (ECF No. 4797) is denied 11 insofar as it seeks exclusion of the videos or their review in 12 camera only.1 13 2. Any video offered and accepted into evidence at the 14 evidentiary hearing set to commence on October 1, 2013 and to 15 continue thereafter until completed shall be shown in open court, 16 subject to the following protective order: 17 a. No copy of the video or portion thereof shall be 18 released to any member of the public or the press, and no 19 recording of the proceedings at which any video is shown will be 20 permitted. 21 b. Any member of the public or press who views the 22 videos is prohibited from publicly disclosing the names, 23 identification numbers, or other personally-identifying 24 information of any inmate or any peace officer or other employee 25 of the California Department of Corrections and Rehabilitation 26 27 28 1 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. 2 1 2 (CDCR) who may appear in any such video. 3. Counsel for plaintiffs shall take all steps necessary to 3 ensure that a copy of this order is distributed to every person 4 in the audience during any court session at which a video subject 5 to this order will be shown. 6 IT IS SO ORDERRED. 7 DATED: September 26, 2013. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?