Weiss v. City of Santa Rosa Police Department et al
Filing
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ORDER by Judge Kandis A. Westmore regarding Defendants' 105 Discovery Letter Brief. Granting relief requested AS MODIFIED. (kawlc1, COURT STAFF) (Filed on 5/5/2017) (Additional attachment(s) added on 5/5/2017: # 1 Certificate/Proof of Service) (sis, COURT STAFF).
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TERESA L. STRICKER, Interim City Attorney (SBN 160601)
JOHN J. FRITSCH, Assistant City Attorney (SBN 172182)
City of Santa Rosa
100 Santa Rosa Avenue, Room 8
Santa Rosa, California 95404
Telephone: (707) 543‐3040
Facsimile: (707) 543‐3055
Attorneys for Defendants
CITY OF SANTA ROSA (erroneously sued herein as CITY OF SANTA ROSA POLICE
DEPARTMENT); former Chief to the Santa Rosa Police Department TOM
SCHWEDHELM; Officer JOHN DEADMAN; Officer KAIDEN KEMP; Sgt. ANDREW
ROMERO and Officer PAT GILLETTE
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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TERRY L. WEISS,
Plaintiff,
v.
CITY OF SANTA ROSA POLICE
DEPARTMENT; et al.,
CASE NO. C 15‐01639 YGR (KAW)
[Proposed] ORDER REGARDING
DEFENDANTS’ 5/1/17 JOINT LETTER
AS MODIFIED
Re: Dkt. No. 105
Defendants.
/
On May 1, 2017, defendants filed a discovery letter seeking a court order for
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Plaintiffʹs mental health records to be produced. On April 20, 2017, City received a
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copy of the Superior Court of California, County of Sonoma Criminal Docket SCR
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679947 re defendant ʺWeiss, Terry L.ʺ; offense date ʺ04/15/2016ʺ; filed charge ʺPC 242ʺ
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and arresting agency ʺROHNERT PARK POLICE DEPARTMENTʺ. The courtroom
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minutes reflect:
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ʺ06/13/2016:...Refer to Mental Health‐ Dr. Ranish
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06/23/2016:…Dr. Schneider appointed to examine defendant…1368 PC
CERTIFICATION
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07/08/2016:…Dr. Doty appointed to examine defendant..pursuant to 1368 PC.
08/11/2016:…Dr. Shirikian appointed to examine defendant…pursuant to 1368
PC.
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[Proposed] Order Regarding Defendants’ 5/1/17 Joint Letter, Case No. C 15‐01639 YGR
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09/02/2016:…1368 PC Hearing Held…Defendant found Mentally
Incompetent…referred to 1370 outpatient Competency Restoration Program.
11/01/2016:…Jo Ihringer appointed to examine defendant…pursuant to 1368 PC
11/01/2016:…INITIAL STATUS REPORT FROM THE 1370 RESTORATION
PROGRAM LETTER DATED 10/31/16
02/08/2017:…STATUS REPORT FROM 1370 OP RESTORATION PROGRAM
RECEIVED
02/09/2017:…Dr. Shelly appointed to examine defendant
03/10/2017:…Dr. Shelly appointed to examine defendant
03/16/2017:…PSYCHOLOGICAL EVALUATION RECEIVED FOR REPORT
DATED 2/23/17
03/23/2017:…Defense Counsel files Motion to Dismiss pursuant to 11385 PC
Counsel submit on report of Dr. Shelley dated 3/15/2017
Court finds Defendant not likely to be restored.ʺ
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(Defendantsʹ May 1, 2017 Letter, Dkt. No. ___ at 1‐2)
Upon review of the discovery letter, the Court finds this matter suitable for
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resolution without oral argument pursuant to Civil Local Rule 7‐1(b) and, in light of
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Plaintiff’s agreement to the disclosure of these documents to Defendants and the Court
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(Dkt. No. 105, Ex. C at 1), GRANTS defendants motion for an order for Plaintiffʹs mental
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health records to be produced by Sonoma County Mental Health Service and her
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examiners for an in camera review by the Court prior to being released to Defendants:
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Good cause appearing, the Court as follows:
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1.
Within 10 days of the filing of this Order, Defendants shall issue
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subpoenas for two copies of records of plaintiffʹs mental health examinations,
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diagnoses, reports, testing, restorability and/or competency to:
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Sonoma County Mental Health Services; and mental health professionals Ranish;
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Schneider; Doty; Shirikian; Ihringer; and Shelley.
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2.
Upon receipt of responsive records and/or certificates, counsel for
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defendants shall not review said records, and shall maintain the records in sealed
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envelopes;
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3.
Upon receipt of all responsive records and/or certificates, counsel for
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[Proposed] Order Regarding Defendants’ 5/1/17 Joint Letter, Case No. C 15‐01639 YGR
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defendants shall give one complete set of records and/or certificates to Plaintiff
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(without any review or redaction) and file the other set of records with the Court
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under seal;
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4.
The Court shall undertake an in camera review of the records, and shall
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designate those records or portions of records relevant to the issue of plaintiffʹs
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competency; and issue an order thereon.
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IT IS SO ORDERED.
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Dated: 5/5/2017
______________________________
KANDIS A. WESTMORE
United States Magistrate Judge
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[Proposed] Order Regarding Defendants’ 5/1/17 Joint Letter, Case No. C 15‐01639 YGR
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