Johnson v. San Benito County et al

Filing 29

ORDER REGARDING REQUEST FOR INTERNAL AFFAIRS RECORDS. Signed by Judge Lucy H. Koh on 5/14/2013. (lhklc3, COURT STAFF) (Filed on 5/14/2013)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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United States District Court
For the Northern District of California

Brett Johnson,
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Plaintiff,
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v.
San Benito County, et. al.,
Defendants.

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Case No.: 12-CV-03691-LHK

ORDER REGARDING REQUEST FOR
INTERNAL AFFAIRS RECORDS

In response to the parties’ discovery dispute regarding a document from Internal Affairs,
the Court ordered Defendants to file a letter brief explaining why good cause exists to withhold this
discovery from Plaintiff, and afforded Plaintiff an opportunity to respond. See ECF No. 23. After
reviewing the parties’ filings, see ECF Nos. 26, 27, the Court hereby ORDERS Defendants to
produce the Internal Affairs investigation and all related documents to Plaintiff, subject to the
operative Protective Order.
The Federal Rules of Civil Procedure allow for broad discovery regarding “any
nonprivileged matter that is relevant to any party’s claim or defense.” Fed. R. Civ. P. 26(b)(1).
However, “[f]ederal common law recognizes a qualified privilege for official information.”
Sanchez v. City of Santa Ana, 936 F.2d 1027, 1033 (9th Cir. 1990) (citing Kerr v. United States
Dist. Ct. for N.D. Cal., 511 F.2d 192, 198 (9th Cir.1975)). “In determining what level of protection
should be afforded by this privilege, courts conduct a case by case balancing analysis, in which the
interests of the party seeking discovery are weighed against the interests of the governmental entity
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Case No.: 12-CV-03691-LHK
ORDER REGARDING REQUEST FOR INTERNAL AFFAIRS RECORDS

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United States District Court
For the Northern District of California

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asserting the privilege.” Soto v. City of Concord, 162 F.R.D. 603, 613 (N.D. Cal. 1995) (citing
Sanchez, 936 F.2d at1033-34). In civil rights cases, courts have found this balancing approach to
be “moderately pre-weighted in favor of disclosure” given that, “[a]s a general proposition, the
public interests in the categories favoring disclosure (the policies underlying our civil rights laws,
public confidence in the court system, and doing justice in individual cases) clearly outweigh the
public interests in favor of secrecy (e.g., not compromising procedures for self-discipline within
police forces or the privacy rights of officers or citizen complainants).” Kelly v. City of San Jose,
114 F.R.D. 653, 661 (N.D. Cal. 1987).
The Court finds the Internal Affairs document to be highly relevant to the allegations raised
in Plaintiff’s complaint. Specifically, the Court finds the subject of the Internal Affairs report—
allegations that Mr. Turturici intimidated subordinates into participating in Mr. Turturici’s
campaign—is also relevant to Plaintiff’s claim that Mr. Turturici promised a promotion to Sgt.
Lamonica for reopening the investigation of Plaintiff to curry favor with Mr. Howard, who would
be helpful to Mr. Turturici’s campaign. Both allegations involve Mr. Turturici’s alleged abuse of
subordinates to further his campaign. In addition, the Court finds that the general “policies
underlying our civil rights laws, public confidence in the court system, and doing justice in
individual cases,” are applicable in this case, and outweigh the County’s official information
privilege and Mr. Turturici’s right to privacy. Kelly, 114 F.R.D. at 661.
Accordingly, the Court finds that Plaintiff’s interest in discovering this evidence outweighs
the County and Mr. Turturici’s qualified privileges. By June 3, 2013, Defendants produce the
Internal Affairs investigation and all related documents to Plaintiff, subject to the operative
Protective Order.

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IT IS SO ORDERED.
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Dated: May 14, 2013

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 12-CV-03691-LHK
ORDER REGARDING REQUEST FOR INTERNAL AFFAIRS RECORDS