Henderson v. California Department of Correction and Rehabilitation et al

Filing 153

ORDER RE IN CAMERA REVIEW 149 Stipulation and Order,. Signed by Magistrate Judge Bernard Zimmerman on 3/24/2011. (bzsec, COURT STAFF) (Filed on 3/24/2011)

Henderson v. Petersen, et al

Doc. 153

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Based on the stipulation reached by the parties, Judge 17 Armstrong referred to me the in camera review of the documents 18 submitted by defendants in response to the following document 19 requests from plaintiff: (1) "[a]ll complaints against 20 Defendants concerning the use of force, excessive force, and 21 failure to intervene and all documents concerning such 22 complaints, including any documents adjudicating or resolving 23 such complaints;" and (2) "[a]ll documents concerning any 24 grievance, complaint, or appeal concerning the incident, 25 including any documents resolving or adjudicating such 26 grievances, complaints or appeals." 27 Defendants have submitted the following documents for 28 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CURTIS LEE HENDERSON, Plaintiff(s), v. J. PETERSON, et al., Defendant(s).

) ) ) ) ) ) ) ) ) )

No. C 07-2838 SBA (BZ) ORDER RE IN CAMERA REVIEW

Docket No. 149 at 1-2.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

review: (1) the Use of Force Investigation, number IR# B05-0608-0328 (which is the internal investigation regarding the incident); and (2) the Employee Performance sections of the personnel files of James Peterson, Clay Speaker, Michael Bullock, Jeffrey McBride, Glenn Kelley, and David Christ. With respect to plaintiff's request for documents relating to the incident, I find that the Use of Force Investigation is responsive to plaintiff's request. There is no confidential

information in the Use of Force Investigation that would not be adequately protected by the parties' protective order. Furthermore, I find that there are no complaints against defendants concerning force, excessive force, and failure to intervene in the Employee Performance sections of defendants' personnel files. IT IS THEREFORE ORDERED that defendants produce the Use of Force Investigation, number IR# B05-06-08-0328 to plaintiff by Monday, March 28, 2011 under the terms of the parties' protective order. Dated: March 24, 2011 Bernard Zimmerman United States Magistrate Judge
G:\BZALL\-REFS\HENDERSON (R&R)\ORDER RE DEFENDANTS' PERSONNEL FILES AND INTERNAL INVESTIGATION DOCS.BR VERSION.wpd

2