Ashley v. City and County of San Francisco et al

Filing 51

ORDER GRANTING 50 STIPULATED ORDER AUTHORIZING DISCOVERY OF CONFIDENTIAL CRIMINAL HISTORY INFORMATION IN THE POSSESSION OF DEFENDANT CITY AND COUNTY OF SAN FRANCISCO. Signed by Judge Jeffrey S, White on 10/3/12. (jjoS, COURT STAFF) (Filed on 10/3/2012)

Case3:12-cv-00045-JSW Document50 Filed10/03/12 Page1 of 3

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
PETER J. KEITH, State Bar #206482
BRADLEY A. RUSSI, State Bar #256993
LEILA K. MONGAN, State Bar #271287
Deputy City Attorney
Fox Plaza
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone:
[phone] [Keith]
Telephone:
[phone] [Mongan]
Telephone:
[phone] [Russi]
Facsimile:
[phone]
E-Mail:
[e-mail]
E-Mail:
[e-mail]
E-Mail:
[e-mail]
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMESON ASHLEY,

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Plaintiff,

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vs.

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Case No. CV12 0045 JSW

CITY AND COUNTY OF SAN
FRANCISCO, MICHAEL HENNESSEY,
individually and in his official capacity as
Sheriff of the San Francisco County Sheriff's
Department; and DOES 1 to 30,

[PROPOSED] STIPULATED ORDER
AUTHORIZING DISCOVERY OF
CONFIDENTIAL CRIMINAL HISTORY
INFORMATION IN THE POSSESSION OF
DEFENDANT CITY AND COUNTY OF SAN
FRANCISCO
Date Action Filed:
Trial Date:

January 26, 2012
April 29, 2013

Defendants.

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STIPULATION

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Pursuant to Federal Rule of Civil Procedure 26(c) the parties have met and conferred and

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stipulate as follows:

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Stip. Order Auth. Discovery of Confidential Crim. Info.
Ashley v. CCSF, et al.; CV-12-0045 JSW

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Case3:12-cv-00045-JSW Document50 Filed10/03/12 Page2 of 3

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Good cause exists for the Court to authorize the parties to this action to receive certain

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“state summary criminal history information,” as defined in California Penal Code section 11105(a), in

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the possession of the City and County of San Francisco. Namely:
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Plaintiff Jameson Ashley contends, inter alia, that the Defendant City and County of

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San Francisco booked Plaintiff under the wrong name, which ultimately led to his being held in San

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Francisco County Jail for an extended period of time.
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In connection with the arrest and booking process in San Francisco, various documents

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are generated that contain information such as unique identifying information based on fingerprints

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and criminal histories. This information is used in connection with making identification and custody

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decisions and it is therefore relevant to Mr. Ashley's claims in this action. However, at least some of

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the information contained in these documents is or could be considered “state summary criminal

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history information,” is subject to protection under California law. Section 11142 of the California

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Penal Code makes it a misdemeanor to disclose state summary criminal history information to a

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person who is not authorized to receive such information. However, under section 11140 of the

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California Penal Code, a court may authorize persons to receive such information. Because good

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cause exists for discovery of the state summary criminal history information that was generated in

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connection with the subject arrests and bookings in this action, the parties respectfully request that the

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Court authorize San Francisco to disclose that information in discovery.
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State summary criminal history information produced in this action shall be treated as

confidential information subject to the terms of the Stipulated Protective Order in this action.
IT IS SO STIPULATED.

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Stip. Order Auth. Discovery of Confidential Crim. Info.
Ashley v. CCSF, et al.; CV-12-0045 JSW

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Case3:12-cv-00045-JSW Document50 Filed10/03/12 Page3 of 3

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Dated: October 3, 2012
DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
PETER J. KEITH
BRADLEY A. RUSSI
LEILA K. MONGAN
Deputy City Attorneys

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By:
/s/ Bradley A. Russi
BRADLEY A. RUSSI

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Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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Dated: October 3, 2012

SIMS, CURRAN & OCKEN
By:
/s/ Stuart R. Curran
STUART R. CURRAN, ESQ.

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Attorneys for Plaintiff
JAMESON ASHLEY

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ORDER
BASED ON THE ABOVE ENTERED STIPULATION, the City and County of San Francisco

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is authorized to release state summary criminal history information pursuant to the terms of the

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foregoing stipulation.

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IT IS SO ORDERED.

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Dated: October 2, 2012

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THE HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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Stip. Order Auth. Discovery of Confidential Crim. Info.
Ashley v. CCSF, et al.; CV-12-0045 JSW

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