Filed: Nov. 07, 2018
Latest Update: Nov. 07, 2018
Summary: ORDER AFTER IN CAMERA REVIEW (Doc. 59) JENNIFER L. THURSTON , Magistrate Judge . After considering the plaintiff's motion to compel, the Court ordered the defendants to lodge certain documents for an in camera review. The Court finds that the great bulk of the documents do not bear on the issues at hand. In particular, the opinions of others employed by the CDCR as to the propriety of the force used is irrelevant. Rather, this is a question for the jury based upon its review of the eviden
Summary: ORDER AFTER IN CAMERA REVIEW (Doc. 59) JENNIFER L. THURSTON , Magistrate Judge . After considering the plaintiff's motion to compel, the Court ordered the defendants to lodge certain documents for an in camera review. The Court finds that the great bulk of the documents do not bear on the issues at hand. In particular, the opinions of others employed by the CDCR as to the propriety of the force used is irrelevant. Rather, this is a question for the jury based upon its review of the evidenc..
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ORDER AFTER IN CAMERA REVIEW (Doc. 59)
JENNIFER L. THURSTON, Magistrate Judge.
After considering the plaintiff's motion to compel, the Court ordered the defendants to lodge certain documents for an in camera review. The Court finds that the great bulk of the documents do not bear on the issues at hand. In particular, the opinions of others employed by the CDCR as to the propriety of the force used is irrelevant. Rather, this is a question for the jury based upon its review of the evidence presented at trial. In addition, the Court has found only one incident involving one of the defendants that is sufficiently similar to the events at issue such to require disclosure (consistent with that described below and in the protective order issued herewith). Based on the foregoing, the Court ORDERS:
1. The following documents to be made available to the plaintiff for his review:
a. CONFID 23-25, 36-44, 309-314, 319, 324-326, 333-335, 340-353, 361-362, 369-372;
2. The defendants SHALL redact identifiers of the inmates and other staff members involved in CONFID 309-314, 319, 324-326, 333-335, 340-353, 361-362, 369-372;
3. As to all of the documents, the defendants SHALL redact any findings or conclusions made by those who were not percipient witnesses to the events described in the documents;
4. The documents SHALL be made available to the plaintiff within 10 days.
IT IS SO ORDERED.
