Kingsberry v. United States of America et al

Filing 95

ORDER re 66 Motion to Compel Discovery filed by Anthony Kingsberry. Signed by Magistrate Judge Donald G. Wilkerson on 6/3/11. (alg)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANTHONY KINGSBERRY,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
UNITED STATES OF AMERICA, et al.,
Defendants.

Case No. 07-cv-00118-DGW

ORDER
On June 2, 2011, the Court held a hearing on a Motion to Compel Discovery (Doc. 66)
filed by Plaintiff Anthony Kingsberry. Jennifer Baumann appeared on behalf of Plaintiff. Laura
Jones appeared on behalf of Defendants. Mark McGuire appeared on behalf of the Federal
Bureau of Prisons.

Having reviewed the documents in camera, the Court ORDERS the

following:
NATURE OF THE
RECORD

BATES NO.

Office of Internal Affairs
(OIA Report) Special
Investigative Supervisor’s
Officer Report

588-598

PRIVILEGE
ASSERTED BY
DEFENDANTS
Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

RULING
Docs. 588-597 shall
be produced.
None of the
privileges apply.
These documents do
not refer to predecisional or
deliberative matters;
do not disclose law
enforcement
techniques and
procedures; nor are
the individual’s
privacy rights
impacted.
Doc. 598 is shall not
be produced as it is

OIA Report
Office of Inspector
General and list of
witnesses

599-601

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

protected by the Law
Enforcement
privilege,
Deliberative Process
privilege and Privacy
Act
Shall be produced.
None of the
privileges apply.
These documents do
not refer to predecisional or
deliberative matters;
do not disclose law
enforcement
techniques and
procedures; nor are
the individual’s
privacy rights
impacted as the
witness’s name has
already been
redacted.

OIA Report
“Authorization to Conduct
a Local Investigation into
alleged Staff Misconduct”
and
“Warning and Assurance
to Employee Required to
Provide Information”
OIA Report
“Warning & Assurance to
Employee Required to
Provide Information”

602-603

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

608

Shall not be
produced.

Shall be produced.

The documents are
protected by the Law
Enforcement
Privilege.

None of the
privileges apply.
This document does
not refer to predecisional or
deliberative matters;
does not disclose law
enforcement
techniques and
procedures; nor is
the individual’s
privacy rights

2

OIA Report
“Warning & Assurance to
Employee Required to
Provide Information”

OIA Report
Affidavit

OIA Report
Affidavit

OIA Report
“Warning & Assurance to
Employee Required to
Provide Information”

612

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

618-619

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

622

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

623

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

impacted.
Shall be produced.
None of the
privileges apply.
This document does
not refer to predecisional or
deliberative matters;
does not disclose law
enforcement
techniques and
procedures; nor is
the individual’s
privacy rights
impacted.
Shall not be
produced.
This document is
protected by the Law
Enforcement
Privilege,
Deliberative Process
Privilege and
Privacy Act
Shall not be
produced.
This document is
protected by the Law
Enforcement
Privilege,
Deliberative Process
Privilege and
Privacy Act
Shall be produced.
None of the
privileges apply.
This document does
not refer to predecisional or
deliberative matters;
does not disclose law
enforcement
techniques and
procedures; nor is

3

OIA Report
Affidavit of James Hundt

OIA Report
“Warning & Assurance to
Employee Required to
Provide Information”

OIA Report
Wendall Brown Affidavit

624-625

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

626

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

627-628

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

the individual’s
privacy rights
impacted.
Shall be produced.
None of the
privileges apply.
The information
sought is factual
rather than
evaluative, does not
reveal law
enforcement
techniques or
procedures and is not
pre-decisional or
deliberative.
Shall be produced.
None of the
privileges apply.
This document does
not refer to predecisional or
deliberative matters;
does not disclose law
enforcement
techniques and
procedures; nor is
the individual’s
privacy rights
impacted.
Shall be produced.
None of the
privileges apply.
The information
sought is factual
rather than
evaluative, does not
reveal law
enforcement
techniques or
procedures and is not
pre-decisional or
deliberative.

4

OIA Report
“Warning & Assurance to
Employee Required to
Provide Information”

OIA Report- 2nd page of
Jaimet’s Affidavit

OIA Report- 1 & 3 page
of Jaimet’s Affidavit

Tort Claim Investigation
Memorandum for D.
Schivone, Captain, re tort

629

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

630

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

631-632

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

633

Law Enforcement
Privilege,
Deliberative Process

5

Shall be produced.
None of the
privileges apply.
This document does
not refer to predecisional or
deliberative matters;
does not disclose law
enforcement.
techniques and
procedures; nor is
the individual’s
privacy rights
impacted.
Shall be produced.
None of the
privileges apply.
The information
sought is factual
rather than
evaluative, does not
reveal law
enforcement
techniques or
procedures and is not
pre-decisional or
deliberative.
Shall be produced.
None of the
privileges apply.
The information
sought is factual
rather than
evaluative, does not
reveal law
enforcement
techniques or
procedures and is not
pre-decisional or
deliberative.
Shall not be
produced.

claim

Privilege, Privacy
Act

Tort Claim Investigation
for Daryl Kosiak,
Regional Counsel for tort
claim

638-639

SIS Report – Report of
Incident

674-677

SIS Report- After-Action
Review Report/Use of
Force/Restraints/Chemical
Agents/Non-lethal
weapons

SIS Report of Incident

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act, Attorney-Client
Privilege and Work
Product Doctrine

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

678

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

700-703

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

This document is
protected by the Law
Enforcement
Privilege,
Deliberative Process
Privilege and
Privacy Act
Shall not be
produced.
This document is
protected by the Law
Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act, Attorney-Client
Privilege and Work
Product Doctrine.
Shall be produced.
None of the
privileges apply.
Information
regarding gang
affiliation and
separation/ CIMS
category shall be
redacted.
Shall be produced.
None of the
privileges apply.
Information
regarding gang
affiliation and
separation/ CIMS
category shall be
redacted.
Shall be produced.
None of the
privileges apply.
Information
regarding gang
affiliation and
separation/CIMS

6

SIS Report- After-Action
Review Report/Use of
Force/Restraints/Chemical
Agents/Non-Lethal
Weapons

Tort Claim Investigation
Memorandum for Daryl
Kosiak, Regional Counsel

Tort Claim Investigation
Memo for D. Schiavone

OIA ReportMemorandum for D.
Smith (729)
Report of Incident (730732

704

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

709-710

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act, Attorney-Client
Privilege and Work
Product Doctrine

711

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act, Attorney-Client
Privilege and Work
Product Doctrine

729-732

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

category shall be
redacted.
Shall be produced.
None of the
privileges apply.
Information
regarding gang
affiliation and
separation/ CIMS
category shall be
redacted.
Shall not be
produced.
This document is
protected by the Law
Enforcement
Privilege,
Deliberative Process
Privilege and
Privacy Act,
Attorney-Client
Privilege and Work
Product Doctrine.
Shall not be
produced.
This document is
protected by the Law
Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act, Attorney-Client
Privilege and Work
Product Doctrine.
Doc. 729 shall not be
produced as it is
protected by the Law
Enforcement
Privilege,
Deliberative Process
Privilege and the
Privacy Act.
Docs. 730-732 shall
be produced with
gang affiliations and

7

Referral of Incident to
Office of Internal Affairs

OIA ReportMemorandum of D.
Shoff, Special
Investigative Agent

SIS Report Memorandum
Re: “Assault/Fight E
Unit”

SIS Report Memorandum
Re: “Assault/Fight E
Unit”

SIS Report Memorandum
for D. Shoff, Special
Investigative Agent

733-734

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

735

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

736-737

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

738

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

739

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

8

separation
information/CIMS
category shall be
redacted.
Shall not be
produced.
This document is
protected by the Law
Enforcement
Privilege,
Deliberative Process
Privilege and
Privacy Act.
Shall not be
produced.
This document is
protected by the Law
Enforcement
Privilege,
Deliberative Process
Privilege and
Privacy Act.
Shall not be
produced.
This document is
protected by the Law
Enforcement
Privilege,
Deliberative Process
Privilege and
Privacy Act.
Shall not be
produced.
This document is
protected by the Law
Enforcement
Privilege,
Deliberative Process
Privilege and
Privacy Act.
Shall not be
produced.
This document is
protected by the Law
Enforcement

SIS Report Memorandum
for D. Shoff, Special
Investigative Agent

SIS Report Affidavit

Office of Internal Affairs
Report

OIA Investigative Report

SIS Report- Memorandum
for file E-Unit Incident

740

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

741

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

745-746

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

767-794

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

814-815

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

9

Privilege,
Deliberative Process
Privilege and
Privacy Act.
Shall not be
produced.
This document is
protected by the Law
Enforcement
Privilege,
Deliberative Process
Privilege and
Privacy Act.
Shall not be
produced.
This document is
protected by the Law
Enforcement
Privilege,
Deliberative Process
Privilege and
Privacy Act.
Shall not be
produced.
This document is
protected by the Law
Enforcement
Privilege,
Deliberative Process
Privilege and
Privacy Act.
Shall not be
produced.
This document is
protected by the Law
Enforcement
Privilege,
Deliberative Process
Privilege and
Privacy Act.
Shall not be
produced.
This document is
protected by the Law
Enforcement

SIS Report- Memorandum
for C. Gomez, Captain EUnit Fight/Assault

SIS Report- Memorandum
for Lt. Mash-Fight in Eunit

866

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

867

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

Privilege,
Deliberative Process
Privilege and
Privacy Act.
Shall be produced.
None of the
privileges apply.
The information
sought is factual
rather than
evaluative, does not
reveal law
enforcement
techniques or
procedures and is not
pre-decisional or
deliberative.
Shall be produced.
None of the
privileges apply.
The information
sought is factual
rather than
evaluative, does not
reveal law
enforcement
techniques or
procedures and is not
pre-decisional or
deliberative.

SIS Report- Memorandum
for Lt. Mash-Fight in Eunit and D-range

868

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

Shall be produced.
None of the
privileges apply.
The information
sought is factual
rather than
evaluative, does not
reveal law
enforcement
techniques or
procedures and is not
pre-decisional or
deliberative.

10

SIS Report Memorandum
Fight in E-Unit and DRange

SIS Report Memorandum
to Lt. Mash- Fight in E
Unit

SIS Report Memorandum
to Lt. Mash- Fight in E
Unit

SIS Report Memorandum
to Lt. Mash- Fight in ECH
D range

869

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

870

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

871

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

872

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy

11

Shall be produced.
None of the
privileges apply.
The information
sought is factual
rather than
evaluative, does not
reveal law
enforcement
techniques or
procedures and is not
pre-decisional or
deliberative.
Shall be produced.
None of the
privileges apply.
The information
sought is factual
rather than
evaluative, does not
reveal law
enforcement
techniques or
procedures and is not
pre-decisional or
deliberative.
Shall be produced.
None of the
privileges apply.
The information
sought is factual
rather than
evaluative, does not
reveal law
enforcement
techniques or
procedures and is not
pre-decisional or
deliberative.
Shall be produced.
None of the
privileges apply.

Act

SIS Report Memorandum
to Lt. Mash- Fight in ECH
D range

SIS Report Memorandum
to Lt. Mash- Fight in ECH
D range

SIS Report Memorandum
to Lt. Mash- Fight in E
unit

873

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

874

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

875

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

12

The information
sought is factual
rather than
evaluative, does not
reveal law
enforcement
techniques or
procedures and is not
pre-decisional or
deliberative.
Shall be produced.
None of the
privileges apply.
The information
sought is factual
rather than
evaluative, does not
reveal law
enforcement
techniques or
procedures and is not
pre-decisional or
deliberative.
Shall be produced.
None of the
privileges apply.
The information
sought is factual
rather than
evaluative, does not
reveal law
enforcement
techniques or
procedures and is not
pre-decisional or
deliberative.
Shall be produced.
None of the
privileges apply.
The information
sought is factual
rather than
evaluative, does not
reveal law
enforcement

SIS Report Memorandum
for Lt. Mash

SIS Report Memorandum
for D. Shoff, SIA

876

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

877-878

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

techniques or
procedures and is not
pre-decisional or
deliberative.
Shall be produced.
None of the
privileges apply.
The information
sought is factual
rather than
evaluative, does not
reveal law
enforcement
techniques or
procedures and is not
pre-decisional or
deliberative.
Shall be produced.
None of the
privileges apply.
The information
sought is factual
rather than
evaluative, does not
reveal law
enforcement
techniques or
procedures and is not
pre-decisional or
deliberative.

13

SIS Report

884-888

Law Enforcement
Privilege,
Deliberative Process
Privilege, Privacy
Act

Protected by the Law
Enforcement
privilege,
Deliberative Process
privilege and Privacy
Act.

Based upon the foregoing, Defendant United States of America is hereby ORDERED to
produce the documents consistent with this Order by June 10, 2011.
IT IS SO ORDERED.
DATED: June 3, 2011
____________________________
DONALD G. WILKERSON
United States Magistrate Judge

14