Jason Killinger v. Reno Police Officer R. Jager

Opinion

1 KARL S. HALL Reno City Attorney 2 ALICE K. HERBOLSHEIMER 3 Deputy City Attorney Nevada State Bar No. 6389 4 HerbolsheimerA@reno.gov ADAM D. CATE 5 Deputy City Attorney 6 Nevada State Bar No. 12942 CateA@reno.gov 7 Post Office Box 1900 Reno, Nevada 89505 8 Tel: (775) 334-2050 9 Attorneys for Defendant Reno Police Officer R. Jager 10 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 JASON KILLINGER, CASE NO.: 3:25-cv-00388-MMD-CSD 15 Plaintiff, STIPULATED PROTECTIVE ORDER 16 vs. RE: VIDEOTAPED DEPOSITIONS OF RENO POLICE OFFICERS 17 RENO POLICE OFFICER R. JAGER, 18 Defendant. 19 20 Plaintiff JASON KILLINGER (“Plaintiff”), by and through his undersigned counsel, Terri 21 Keyser-Cooper, and Defendant RENO POLICE OFFICER RICHARD JAGER (“Defendant”), by 22 and through his undersigned counsel, Reno City Attorney Karl S. Hall and Deputy City Attorneys 23 Alice K. Herbolsheimer and Adam D. Cate, (collectively “the Parties”), hereby agree and stipulate 24 to the entry of a Protective Order as follows: 25 I. Reason for the Order: Plaintiff took the deposition of Officer Jager on January 26 22, 2026, and intends to depose several more Reno police officers during the course of discovery 27 in this case. Plaintiff has elected to use E-Depositions as his deposition service provider rather 28 than a traditional stenographic court reporter. E-Depositions records all depositions by Reno City Attorney 1 audiovisual means and then generates a written transcript of the deposition testimony from the 2 deposition video. 3 The parties agree that the photographs of peace officers are confidential under NRS 4 289.025 and are subject to protection. The Nevada Supreme Court has interpreted the term 5 “photograph” to include an officer's face as it appears on video, such as in body-worn camera 6 footage. Conrad v. Reno Police Dep't, 139 Nev. 126, 132, 530 P.3d 851, 856 (2023). The parties 7 hereby stipulate to this Protective Order to protect the facial images of all peace officers who are 8 deposed in this case from public disclosure and to preserve the confidentiality of their facial 9 images. 10 II. Confidential Documentation and Information: The parties agree that any and all 11 video recording(s) and/or video image(s) of the police officers who are deposed in this case shall 12 be deemed “confidential” and subject to this Stipulated Protective Order. Such video 13 recording(s) and or video image(s) shall hereafter be referred to as the “confidential videos.” 14 The parties agree that the written transcripts of the officers’ deposition testimony, which do not 15 show their facial images, are not confidential and are not subject to this Protective Order. 16 III. General Prohibition: Access to the confidential videos shall be limited to the 17 named parties, counsel for the parties, and counsel’s staff, all of whom agree not to disclose or 18 release to any third party, or otherwise disseminate or make public, the confidential videos. 19 IV. The terms of this Stipulated Protective Order do not preclude either party from 20 using the confidential videos at the trial of this case, subject to any objection that may be asserted 21 at the time of trial. 22 V. All provisions of this Stipulated Protective Order restricting the disclosure of the 23 confidential videos shall continue to be binding after the conclusion of this action, unless 24 otherwise agreed or ordered. Within thirty (30) days after any judgment is entered in this matter, 25 resolution is reached, or the appeal process is concluded, whichever is later, all confidential 26 videos shall be destroyed. 27 VI. Should any party who is not a party to this Stipulated Protective Order seek access 28 to the confidential videos referenced herein, by request, subpoena, or otherwise, from Plaintiff Reno City Attorney 1 Plaintiff's counsel, Plaintiff and/or his counsel shall: (a) promptly notify the Reno City 2 || Attorney’s Office of the request or subpoena; and shall (b) inform the requesting party of the 3 || existence of this Stipulated Protective Order. 4 This Stipulation shall be effective upon signing and shall be made an order of this Court. 5 Respectfully submitted, 6 || Dated this 27" day of January, 2026. Dated this 27" day of January, 2026. 71! Law Office Of Terri Keyser-Cooper Karl S. Hall 8 Reno City Attorney 9 || “s/ Terri Keyser-Cooper /s/_ Alice K. Herbolsheimer 10 Terri Keyser-Cooper Alice K. Herbolsheimer NV Bar No. 3984 Deputy City Attorney 11 125 Edgewater Parkway Nevada Bar No. 6389 Reno, NV 89519 P.O. Box 1900 12 || Tel.: (775) 337-0323 Reno, NV 89505 3 Keysercooper@lawyer.com Tel.: (775) 334-2050 Attorney for Plaintiff HerbolsheimerA @reno.gov 14 Attorney for Defendant R. Jager 15 16 ORDER 17 The matter of this Stipulated Protective Order having come before this Court by stipulation 18 || of the parties and for good cause being shown therein: 19 IT IS SO ORDERED. CS > UNITED STATES MAG TE JUDGE 22 DATED: January 28, 2026 23 24 25 26 27 28 City Attorney O. Box 1900 NV 89505