McLin v. City of Chicago

133 F.R.D. 527, 1990 U.S. Dist. LEXIS 17695, 1990 WL 254854
CourtDistrict Court, N.D. Illinois
DecidedDecember 26, 1990
DocketNo. 89 C 9253
StatusPublished
Cited by1 cases

This text of 133 F.R.D. 527 (McLin v. City of Chicago) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McLin v. City of Chicago, 133 F.R.D. 527, 1990 U.S. Dist. LEXIS 17695, 1990 WL 254854 (N.D. Ill. 1990).

Opinion

MEMORANDUM OPINION AND ORDER

ROVNER, District Judge.

This is a civil rights action against individual police officers, the City of Chicago, and private individuals. On July 18, 1990, the Court denied the City’s motion to dismiss the case for failure to allege a municipal policy or custom. The Court held that plaintiffs’ detailed factual allegations concerning a failure to discipline police officers and maintenance of a code of silence sufficed to state a cause of action against the City pursuant to 42 U.S.C. § 1983. McLin v. City of Chicago, 742 F.Supp. 994 (N.D.Ill.1990).

Presently before the Court is a dispute concerning discovery relevant to plaintiffs’ policy claim. Plaintiffs have requested that the City produce employment and disciplinary files concerning the individual police officers involved. The City1 has agreed to produce the files, but only subject to a protective order limiting disclosure to third parties. Plaintiffs have agreed to some elements of the proposed protective order, but view it as too restrictive. There are two elements now in dispute: whether plaintiffs’ attorneys should be required to return the documents, and all copies thereof, to the City at the conclusion of the litigation; and whether plaintiffs’ attorneys should be prohibited from disclosing the documents to third parties.

The City argues that these prohibitions are necessary for a number of reasons. Information concerning complaining witnesses is sensitive and confidential, and allowing disclosure of this information would also inhibit citizens from filing such complaints. The individual police officers have an interest in maintaining the secrecy of complaints which may be false or unsubstantiated. The publication of complaints might also chill effective police work and lead to a greater incidence of baseless complaints. Finally, the individual officers are currently defending criminal charges arising out of the same incident, and publication of information from their files could prejudice them in their defense of those charges.

Plaintiffs argue that the public has a right to know about misconduct by public servants. Furthermore, maintenance of the confidentiality of complaints in itself furthers the code of silence which plaintiffs challenge. Finally, the ability to disclose the information is essential not only to the proof of the policy claims in this case but also to the pleading and proof of policy claims in other civil rights cases where injuries have been caused by the failure to discipline and the code of silence.

The City responds that discovery should proceed only on the basis of what may be relevant to this lawsuit; discovery that is relevant to other lawsuits should be addressed to the courts hearing those cases. The City argues that the Court should not supervise the creation of a private pool of information on police officers. Plaintiffs counter, however, that the City’s policy of destroying documents after only five years necessitates an alternative source of this information.

Both sides present legitimate concerns. However, the Court believes that at this stage in the litigation the balance of interests favors limitations on disclosure. The issues presented by the pending motion are [529]*529similar to those raised in O’Leary v. Village of Elmhurst, No. 86 C 997, 1989 WL 18333 (N.D.Ill.1989). In O’Leary, a § 1983 case involving allegations of police misconduct, the court was faced with a request to impose limitations on disclosure of information contained in police files on two individual officers. The court noted that a protective order must be supported by good cause in order to satisfy Fed.R.Civ.P. 26(c), and found that the need for confidentiality of the information in the files constituted good cause. The court also noted that in order to satisfy constitutional concerns, a protective order must additionally be limited to pretrial civil discovery and must not preclude dissemination of material identical subject to that covered by the order but obtained independent of the discovery process. Id., citing, inter alia, Seattle Times Co. v. Rhinehart, 467 U.S. 20, 104 S.Ct. 2199, 81 L.Ed.2d 17 (1984). The court then entered a protective order, but noted that the information would become part of the public record if it were ultimately admissible at trial.

This court agrees with the reasoning in O’Leary. Plaintiffs’ allegations concerning the City’s policy or custom have not yet been proven, and it is possible that complaints reflected in the files are false or unjustified. Furthermore, the public’s interest in access to the information produced during discovery—information the admissibility of which has yet to be determined—is less substantial than its interest in access to materials introduced at trial. See United States v. Gurney, 558 F.2d 1202, 1210 (5th Cir.1977), cert. denied, 435 U.S. 968, 98 S.Ct. 1606, 56 L.Ed.2d 59 (1978); O’Leary, 1989 WL 18333; United States v. Hegge, 636 F.Supp. 119, 123 (E.D.Wash.1986). Accordingly, the Court will, with minor modifications, adopt the protective order proposed by the City. The protective order is attached as an appendix to this opinion. Should the case proceed to trial, however, the Court will revisit the issue.2

On December 26, 1990, the Court granted the City’s motion for a protective order limiting disclosure of confidential information to third parties. The Court also circulated a draft protective order and afforded the parties an opportunity to comment. Plaintiffs have now objected that the draft protective order is too broad; the City contends that the draft protective order should be entered in its present form.

The Court agrees with plaintiffs that the draft order is too broad insofar as it limits disclosure beyond the extent necessary to ensure confidentiality. Disclosure may only be limited upon a showing of good cause. The Court has found that protection of the privacy interests of the police officers involved and the complaining witnesses constitutes good cause. However, disclosure of information should not be limited where the disclosure would not implicate those privacy concerns. Accordingly, the Court is adding to the protective order a provision which allows disclosure of documents which have been redacted so as to eliminate names and other identifying information concerning complaining witnesses and the police officers involved. The protective order to be entered is attached as an appendix to this opinion.

APPENDIX

PROTECTIVE ORDER

This matter coming before the Court on defendant City of Chicago’s motion for a protective order, and the Court having found good cause for the issuance of a protective order pursuant to Fed.R.Civ.P. 26(c), it is hereby ordered:

1. The documents and records identified in this order are produced by the City of Chicago in response to plaintiffs’ request for production of documents.

2.

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Cite This Page — Counsel Stack

Bluebook (online)
133 F.R.D. 527, 1990 U.S. Dist. LEXIS 17695, 1990 WL 254854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclin-v-city-of-chicago-ilnd-1990.