James v. Tilghman

194 F.R.D. 398, 1999 U.S. Dist. LEXIS 22214, 1999 WL 33117426
CourtDistrict Court, D. Connecticut
DecidedMarch 29, 1999
DocketNo. 2:91 CV 1136 JGM
StatusPublished
Cited by1 cases

This text of 194 F.R.D. 398 (James v. Tilghman) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James v. Tilghman, 194 F.R.D. 398, 1999 U.S. Dist. LEXIS 22214, 1999 WL 33117426 (D. Conn. 1999).

Opinion

RULING ON DEFENDANTS’ MOTION TO PRECLUDE INMATE INFORMANT IDENTITIES AND ON PLAINTIFF’S: MOTION TO COMPEL DISCOVERY OF INMATE IDENTITIES AND DOCUMENT WITHHELD UNDER ASSERTION OF PRIVILEGE

MARGOLIS, United States Magistrate Judge.

The factual and procedural history behind this litigation is set forth in considerable detail in James v. Tilghman, 2:91 CV 1136(JGM), 1998 WL 849393 (D.Conn. Nov. 5,1998). Two motions currently are pending before the Court. First on March 8, 1999, defendants filed their Motion to Preclude Inmate Informant Identities, with brief in support. (Dkts. ## 150-151). On March 15, 1999, plaintiff filed his brief in opposition. (Dkt. # 154).1 On March 8, 1999, plaintiff also filed a Motion to Compel Discovery of Inmate Identities and Document Withheld under Assertion of Unspecified Privilege, under seal, with brief in support. (Dkt. # 152).2 On March 22,1999, defendants filed a reply brief (Dkt. # 167)3 to which plaintiff filed a surreply under seal on March 23,1999 (Dkt. # 169).4

I. DISCUSSION

Both motions concern the disclosure of names of four inmate “informants” whom the plaintiff wishes to call as witnesses at trial. (Dkt. # 151 at 1). Each of these inmates has allegedly accused Theodore Drakeford of sexually aggressive behavior; plaintiff also alleges that Drakeford sexually assaulted him. (Id.). Defendants argue that testimony from these potential witnesses is inadmissible for four reasons: (1) disclosure of the identities of the four inmates is protected under the informant’s privilege; (2) the probative value of their testimony is substantially outweighed by the danger of unfair prejudice; (3) the identities of the informants are protected from disclosure by Conn.Gen.Stat. §§ 54-86d, 54-86e, and 54-86f; and (4) plain[400]*400tiffs demand for disclosure is untimely because the scheduled trial date is only a few weeks away. (Id. at 1-2).

Plaintiff counters that his demand for disclosure is timely because it was only recently that plaintiff became aware that defendants have specific knowledge of the four prior sexual assault allegations. (Dkt. # 154 at 2). Plaintiff also argues that the four inmates are not informants, but crime victims, and thus the informant’s privilege does not apply. (Id. at 2-6). Next, plaintiff disputes defendants’ contention that the inmates’ testimony would not be admissible. (Id. at 6). Plaintiff notes that the inmates’ testimony is relevant to several issues, including defendants’ knowledge of those allegations and also Drakeford’s modus operandi. (Id. at 6-9). Plaintiff also argues that defendants’ reliance on Connecticut’s Rape Shield Law to preclude disclosure of the inmates’ identities is misplaced because that law is inapplicable in a federal civil rights suit. (Id. at 11).

Under the Federal Rules of Civil Procedure, the scope of discovery extends to “any matter not privileged which is relevant to the subject matter in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party ...” Fed. R.Civ.P. 26(b)(1). The phrase “ ‘relevant to the subject matter involved in the pending action’ has been construed broadly to encompass any matter that bears on, or that reasonably could lead to other matter that could bear on, any issue that is or may be in the case.” Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 351, 98 S.Ct. 2380, 57 L.Ed.2d 253 (1978) (citation omitted). The party receiving a request must not only produce information which is admissible as evidence, but also information which “appears reasonably calculated to lead to the discovery of admissible evidence.” Martin v. Valley Nat’l Bank of Arizona, 140 F.R.D. 291, 300 (S.D.N.Y.1991) (citations omitted). “Reasonably calculated” in Rule 26 means “any possibility that the information sought may be relevant to the subject matter of the action.” Morse/Diesel, Inc. v. Fidelity & Deposit Co. of Maryland, 122 F.R.D. 447, 449 (S.D.N.Y. 1988) (citations & internal quotation marks omitted).

However, discovery is not without limitations. Fed.R.Civ.P. 26(b)(2). The Court has a duty to ensure that discovery requests are reasonable. In re Sur. Ass’n of Am., 388 F.2d 412, 414-15 (2d Cir.1967).

A. INFORMANT’S PRIVILEGE

Defendants argue that disclosure of the identity of these four inmates is precluded by the informant’s privilege:

What is usually referred to as the informer’s privilege is in reality the Government’s privilege to withhold from disclosure the identity of persons who furnish information of violations of law to officers charged with enforcement of that law. The purpose of the privilege is the furtherance and protection of the public interest in effective law enforcement. The privilege recognizes the obligation of citizens to communicate their knowledge of the commission of crimes to law-enforcement officials and, by preserving their anonymity, encourages them to perform that obligation.
The scope of the privilege is limited by its underlying purpose. Thus, where the disclosure of the contents of a communication will not tend to reveal the identity of an informer, the contents are not privileged. Likewise, once the identity of the informer has been disclosed to those who would have cause to resent the communication, the privilege is no longer applicable.

Roviaro v. United States, 353 U.S. 53, 59-60, 77 S.Ct. 623, 1 L.Ed.2d 639 (1957) (citations & footnotes omitted). The U.S. Supreme Court continued:

A further limitation on the applicability of the privilege arises from the fundamental requirements of fairness. Where the disclosure of an informer’s identity, or of the contents of his communication, is relevant and helpful to the defense of an accused, or is essential to a fair determination of a cause, the privilege must give way.
[401]*401We believe that no fixed rule with respect to disclosure is justifiable. The problem is one that calls for balancing the public interest in protecting the flow of information against the individual’s right to prepare his defense. Whether a proper balance renders nondisclosure erroneous must depend on the particular circumstances of each case, taking into consideration the crime charged, the possible defenses, the possible significance of the informer’s testimony, and other relevant factors.

Id. at 60-61, 62, 77 S.Ct. 623 (citations & footnotes omitted).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Barnason
852 F. Supp. 2d 367 (S.D. New York, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
194 F.R.D. 398, 1999 U.S. Dist. LEXIS 22214, 1999 WL 33117426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-tilghman-ctd-1999.