Hoyt v. Connare

202 F.R.D. 71, 1996 U.S. Dist. LEXIS 22717, 1996 WL 33107913
District Court, D. New Hampshire·Decided April 10, 1996·No. Civ. No. 95-168-B·Published

Opinion

ORDER

MUIRHEAD, United States Magistrate Judge.

Currently for the court’s consideration is Plaintiffs Motion to Compel Discovery (document no. 12). For the reasons set forth [73]*73below, the motion is granted in part and denied in part.

BACKGROUND

On March 29, 1995 plaintiff, Karl Hoyt, filed an action pursuant to 42 U.S.C. § 1983 alleging violations of his constitutional rights by defendants David Connare (police officer for the Manchester Police Department), Marc Desilets (police officer for the Manchester Police Department), and Peter Fav-reau (Chief of Police for the Manchester Police Department). Specifically, the complaint alleges that the plaintiff was subjected to the use of excessive force by Manchester Police Department personnel. The complaint also suggests that the City of Manchester has established a municipal custom or policy of deliberate indifference to, or tacit approval of, constitutional deprivations inflicted on individuals arrested or detained by the City of Manchester Police Department.

Following the commencement of his action, plaintiff compiled and directed a set of interrogatories and production of documents on defendants Connare, Desilets and Favreau. According to the plaintiff, the discovery requests were calculated to identify and obtain admissible evidence, or inadmissible evidence reasonably calculated to lead to the discovery of admissible evidence.

After plaintiff allegedly granted defendants several extensions of time in which to complete the discovery requests, the defendants submitted their responses in July and August, 1995.

Upon review of the responses, however, plaintiff discovered that defendants failed to provide complete answers. Unable to work his discovery dispute out with the defendants, plaintiff filed the motion to compel now for consideration. As support for the motion, the plaintiff identifies specific questions or inquiries posed to the defendants which have not been properly addressed or answered. Generally speaking, plaintiff seeks the following remaining information: (1) whether, by whom, and when any internal affairs investigations were conducted which concern the facts and circumstances giving rise to the instant action; (2) the names of the individuals who serve as the custodian of records for internal investigation documentation; (3) results/determinations of particular investigations along with any written or recorded statements; (4) identity of any persons having, or claiming to have, information relating to the facts and circumstances giving-rise to the instant action and who have given statements; (5) a list of all complaints made against the City of Manchester during the last ten years concerning allegations of police misconduct in the specific areas of use of force, prisoner abuse or mishandling and failure to render medical treatment; (6) identification of all instances of disciplinary actions taken against Manchester Police Department employees stemming from allegations of police misconduct in the area of use of force, prisoner abuse or mishandling and failure to render medical treatment; (7) identification of all instances of complaints and/or disciplinary actions against Manchester Police Department employees which resulted from allegations of police misconduct in the area of “gay bashing”; and (8) the name of the person who cleaned up the blood that was found in the cell in which the plaintiff was detained.

Defendants object to plaintiffs motion stating that the plaintiff is not entitled to the “documents and information sought and, moreover, that the City of Manchester could be subjected to future liability if it does release the requested materials, in that such disclosure would not only violate the defendants’ privacy interests and privileges, but would also unjustly intrude upon the privacy of numerous individuals having no connection to this litigation.” Defendants’ Objection to Plaintiffs Motion to Compel Discovery at page 2. With regard to internal investigations, defendants assert that “it is a well-settled principle of New Hampshire law that such information is privileged from disclosure” under N.H.Rev.Stat. Ann. §§ 91-A:5, 105:13-b and 516:36. Id.

DISCUSSION

The law is well-established that, “[pjarties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending-action____” Fed.R.Civ.P. 26(b)(1). It is not grounds for objection that the information [74]*74sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. Id. The underlying purpose of the “modern discovery doctrine” is to allow parties to obtain “the fullest possible knowledge of the issues and facts before trial.” LeBarron v. Haverhill Cooperative School Dist., 127 F.R.D. 38, 40 (D.N.H.1989) (citing 8 Charles Alan Wright, Arthur R. Miller & Richard L. Marcus, Federal Practice and Procedure: Civil § 2001 at 13). Fed. R.Civ.P. 26(b)(1) was added to tailor discovery to the issues involved in the particular case and prevent over discovery. See Mack v. Great Atlantic and Pacific Tea Co., Inc., 871 F.2d 179, 187 (1st Cir.1989) (citing Fed. R.Civ.P. 26 Advisory Committee’s Notes (1983 amendments)). A “court should develop the parameters of ... discovery ... by carefully weighing the interests involved, balancing the importance of [any] privilege asserted against the defending party’s need for the information to construct its most effective defense.” Greater Newburyport Clamshell Alliance v. Public Service Co. of New Hampshire, 838 F.2d 13, 20 (1st Cir.1988). In weighing all interests involved, a court must consider the relevance of the requested information and whether the information will aid in the presentation of the case. Id.

Prior to addressing the specific material requested by the plaintiff, a consideration into defendants’ main reasons for not producing information and documentation is warranted. The defendants vehemently attempt to draw support for their decision to refrain from disclosing certain information by maintaining that the internal investigation files, and similar information requested by the plaintiff, are exempt from public disclosure under RSA 91-A:5, 516:36 and 105:13-b. Defendants’ Objection to Plaintiffs Motion to Compel Discovery at page 4 (citing Union Leader Corp. v. Fenniman, 136 N.H. 624, 620 A.2d 1039 (1993)).

Although RSA 91-A:5 does provide exceptions to disclosure requirements, it is generally recognized that, with respect to federal claims, a court is not obligated to apply the privileges provided by a state statute unless the court chooses to do so. Garrity v. Thomson, 81 F.R.D. 633, 635 (1979); Gomez v. Nashua, 126 F.R.D. 432 (D.N.H. 1989).

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Hoyt v. Connare, 202 F.R.D. 71, 1996 U.S. Dist. LEXIS 22717, 1996 WL 33107913 (D.N.H. 1996).

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