Gonzalez v. Clark County, ex rel et al

Filing 50

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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 5 DAVID GONZALEZ, 6 Plaintiff, 7 8 9 10 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. 11 12 Before the Court is Defendants’ Production of Documents for in camera review. 13 Following a hearing held on March 14, 2018 (ECF No. 48), the court entered an order deciding 14 issues raised by Plaintiff’s Motion to Compel Discovery (ECF No. 39). With regard to plaintiff’s request 15 that defendants be required to produce an internal affairs report discussing events related to Plaintiff’s 16 17 18 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. 19 Defendants maintain that the internal affairs report is privileged and disclosure of this privileged 20 document is not warranted, because any relevant information in the internal affairs report is also contained 21 in an LVMPD Use of Force Incident Report, Bates Nos. CCDC 109-113, which was produced by 22 defendants on March 12, 2018. This production was by mail and had not yet been received by plaintiff at 23 the time of the discovery hearing. (ECF No. 49). 24 25 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 1 2 Force Incident Report, Bates Nos. CCDC 109-113. Balancing the interests supporting protecting the 3 confidentiality of the process by which LVMPD investigates allegations against its officers, against the 4 minimal usefulness of this internal affairs report to the plaintiff’s preparation of his case, the court sustains 5 LVMPD’s claim of privileged. The report will not be produced. 6 Accordingly, 7 IT IS HEREBY ORDERED that Defendants Production of Documents for In Camera Review is 8 filed under seal. The Clerk of Court is directed to NOT distribute a copy to the parties. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DATED this 26th day of March, 2018. _________________________ CAM FERENBACH UNITED STATES MAGISTRATE JUDGE

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