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Waddle v. Garrett

August 31, 2009

JEREMY WADDLE, PLAINTIFF,
v.
CORRECTIONAL OFFICER GARRETT, CALIFORNIA STATE PRISON, SACRAMENTO (CDC -FOLSOM), INDIVIDUALLY, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Barry M. Kurren United States Magistrate Judge

STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INTERNAL AFFAIRS INVESTIGATION REPORTS OF DECEMBER 29, 2006 INCIDENT

STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INTERNAL AFFAIRS INVESTIGATION REPORTS OF DECEMBER 29, 2006 INCIDENT IT IS STIPULATED BY THE PARTIES AND ORDERED BY THE COURT AS FOLLOWS:

A. CONFIDENTIAL MATERIAL SUBJECT TO THIS PROTECTIVE ORDER

During the course of discovery, Plaintiff Jeremy Waddle requested documents concerning the present action and attending circumstances of the incident resulting in his damages. In responding to this request, Defendants' counsel became aware that Defendant Garrett had in his possession, custody, and control responsive documents relating to a California Department of Corrections and Rehabilitation (CDCR) Internal Affairs investigation of the December 29, 2006 incident (the confidential material).

The confidential material includes notes from a confidential Internal Affairs interview with Officer Garrett, as well as information infringing on Officer Garrett's privacy right. All confidential material is considered to be "official information" within the meaning of California Evidence Code sections 1043 and 1045 and Penal Code section sections 832.7 and 832.8. In addition, the confidential material is subject to a qualified privilege as official information under Federal common law.

As are countless other investigative reports by CDCR's Internal Affairs Division, these documents were prepared on the basis of, among other things, interviews with custodial staff with the understanding that statements made in the course of the interviews would remain confidential. The disclosure of these investigative reports without a protective order would undermine the CDCR's ability to assure its employees that their statements will be maintained in confidence. The likely result of unprotected disclosure of these reports is that CDC employees, whether subjects of investigations or witnesses to incidents being investigated, will be unwilling or less willing to cooperate with investigators. Accordingly, a protective order is warranted for these reports.

B. CONDITIONS FOR RELEASE OF CONFIDENTIAL MATERIAL

Because of their relevance to this action, however, the CDC will produce the confidential material without requiring Plaintiff to move to compel, subject to this protective order and objections asserted in their supplemental response to Plaintiff's request for documents, on the following conditions:

1. The social security numbers and any other confidential personal information of the CDCR employees who are the subject of the confidential material shall be redacted.

2. The confidential material may be disclosed only to the following persons:

(a) Counsel of record for Plaintiff in this action;

(b) Paralegal, stenographic, clerical and secretarial personnel regularly employed by counsel for Plaintiff;

(c) Court personnel and stenographic reporters engaged in such proceedings as are incidental to the preparation ...


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