Gonzalez v. Clark County, ex rel et al
Filing
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ORDER Re in Camera Production of Internal Affairs. Defendants Production of Documents for In Camera Review is filed under seal. Signed by Magistrate Judge Cam Ferenbach on 3/26/2018. (Copies have been distributed pursuant to the NEF - JM) Modified on 3/27/2018 (JM).
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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DAVID GONZALEZ,
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Plaintiff,
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vs.
CLARK COUNTY, EX REL-THE CLARK
COUNTY SHERIFF’S OFFICE, SGT.
ASPIAZU, 7117, CO HOOD, #9902,
2:17-cv-00607-JAD-VCF
ORDER REGARDING IN CAMERA
PRODUCTION OF INTERNAL AFFAIRS
Defendants.
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Before the Court is Defendants’ Production of Documents for in camera review.
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Following a hearing held on March 14, 2018 (ECF No. 48), the court entered an order deciding
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issues raised by Plaintiff’s Motion to Compel Discovery (ECF No. 39). With regard to plaintiff’s request
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that defendants be required to produce an internal affairs report discussing events related to Plaintiff’s
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claim of excessive use of force, now at issue in this case, the court ordered defendants to produce the
requested internal affairs report in camera for review by the court.
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Defendants maintain that the internal affairs report is privileged and disclosure of this privileged
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document is not warranted, because any relevant information in the internal affairs report is also contained
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in an LVMPD Use of Force Incident Report, Bates Nos. CCDC 109-113, which was produced by
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defendants on March 12, 2018. This production was by mail and had not yet been received by plaintiff at
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the time of the discovery hearing. (ECF No. 49).
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The court has reviewed the internal affairs report, submitted in camera, and compared it with the
LVMPD Use of Force Incident Report, Bates Nos. CCDC 109-113. The court finds that the internal
affairs report does not contain discoverable information which is not also set forth in the LVMPD Use of
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Force Incident Report, Bates Nos. CCDC 109-113. Balancing the interests supporting protecting the
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confidentiality of the process by which LVMPD investigates allegations against its officers, against the
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minimal usefulness of this internal affairs report to the plaintiff’s preparation of his case, the court sustains
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LVMPD’s claim of privileged. The report will not be produced.
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Accordingly,
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IT IS HEREBY ORDERED that Defendants Production of Documents for In Camera Review is
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filed under seal. The Clerk of Court is directed to NOT distribute a copy to the parties.
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DATED this 26th day of March, 2018.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE
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