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CENTENO v. CITY OF FRESNO, 1:16-cv-00653-DAD-SAB. (2017)

Court: District Court, E.D. California Number: infdco20171020810 Visitors: 7
Filed: Jan. 18, 2017
Latest Update: Jan. 18, 2017
Summary: ORDER FOLLOWING IN CAMERA REVIEW STANLEY A. BOONE , Magistrate Judge . On December 29, 2016, an order issued granting in part and denying in part, Plaintiffs' motion to compel discovery in this action. In the order, Defendants were to lodge the performance reviews of Defendants Zebulon Price and Felipe Lucero for in camera review. On January 10, 2017, Defendants filed a notice of lodging of the documents for in camera review. The Court has reviewed performance evaluations of Defendan
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ORDER FOLLOWING IN CAMERA REVIEW

On December 29, 2016, an order issued granting in part and denying in part, Plaintiffs' motion to compel discovery in this action. In the order, Defendants were to lodge the performance reviews of Defendants Zebulon Price and Felipe Lucero for in camera review. On January 10, 2017, Defendants filed a notice of lodging of the documents for in camera review.

The Court has reviewed performance evaluations of Defendant Lucero for the periods of 1/12/15 to 1/11/16; 1/7/14 to 1/12/15; 1/6/13 to 1/13/14; 1/3/12 to 1/6/13; 1/3/11 to 1/3/12; 1/1/10 to 12/31/10; and 9/3/09 to 6/11/10. The Court also reviewed performance evaluations of Defendant Price for the periods of 1/12 16 to 1/7/17; 1/12/15 to 1/11/16; 1/7/14 to 1/12/15; 1/6/13 to 1/13/14; 1/3/11 to 1/1/12; 1/3/11 to 9/1/11; 1/4/10 to 8/1/10; and 1/4/09 to 1/3/10.

In the motion to compel, Plaintiffs argued that documents were sought to show that the defendants had a history of using excessive force or filing false police reports and there was no discipline or there was ratification of these activities. Plaintiff's also argued that documents which would indicate poor decision-making, discipline, or other instances of use of force could lead to evidence of their custom and practice of filing to follow policies and procedures. However, the Court finds that only evidence of excessive force incidents or that would go to issues of credibility would be relevant to the claims at issue here and proportional to the needs of the case.

Upon review of the documents, the Court finds that the performance evaluations do not contain evidence relevant to the issues pending in this action. Accordingly, Plaintiff's motion to compel the production of the defendants' performance reviews is HEREBY DENIED.

IT IS SO ORDERED.

Source:  Leagle

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