Moorhead v. Lane

125 F.R.D. 680, 14 Fed. R. Serv. 3d 128, 1989 U.S. Dist. LEXIS 5660, 1989 WL 53798
CourtDistrict Court, C.D. Illinois
DecidedApril 29, 1989
DocketNo. 86-2020
StatusPublished
Cited by11 cases

This text of 125 F.R.D. 680 (Moorhead v. Lane) is published on Counsel Stack Legal Research, covering District Court, C.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moorhead v. Lane, 125 F.R.D. 680, 14 Fed. R. Serv. 3d 128, 1989 U.S. Dist. LEXIS 5660, 1989 WL 53798 (C.D. Ill. 1989).

Opinion

ORDER

BAKER, Chief Judge.

I. BACKGROUND

This is a civil rights class action for declaratory and injunctive relief brought pursuant to the Equal Protection Clause of the Fourteenth Amendment and the Civil Rights Act of 1871, 42 U.S.C. § 1983. The plaintiffs are prisoners confined at Dwight Correctional Center (the only female correctional facility operated by the State of Illinois). The plaintiffs contend that there is a great discrepancy between the treatment, programs, and opportunities available to male and female prisoners, and that this discrepancy violates the Equal Protection Clause of the Fourteenth Amendment. The plaintiffs seek to compel the Illinois Department of Corrections (defendants) to produce certain preview budget reports. Fed.R.Civ.P. 37(a)(2) and 37(a)(4), and the defendants seek to compel the plaintiffs to answer questions concerning discussions among themselves and inmates Patricia Wheeler and Rebecca Fuller.

Two questions are before the court:

1. Whether the Illinois Department of Corrections must produce:

a. Budget Submissions filed with the Fiscal Department of the Department of Corrections which provide a basis for the annual budget submitted to the Illinois Legislature;
b. Fiscal Year Budget Preview dated October 26, 1987; and
c. Incident reports for each institution. (See p. 2 of Second Revised motion.)

2. Whether the plaintiffs must answer questions concerning discussions among themselves and inmates Patricia Wheeler and Rebecca Fuller.

II. EXECUTIVE PREDECISIONAL DELIBERATIVE PROCESS PRIVILEGE

The court has carefully reviewed the respective memoranda. In sum, the defendants argue that the budget submissions in question constitute “intra-agency memoranda and documents recording the deliber[682]*682ative process leading to” the Department of Corrections’ final budget decisions. Consequently, they argue that these budget submissions are privileged under the executive predecisional deliberative process privilege. In support they cite numerous cases.

The plaintiffs, on the other hand, argue that the defendants have failed to assert the executive privilege properly and, in the alternative, that the executive privilege should be overridden because the plaintiffs’ need for the documents at issue outweighs the defendants’ interest in non-disclosure.

Both parties have extensively briefed these issues, citing a plethora of case law attempting to support their positions. Unfortunately, however, the authorities cited are readily distinguishable from the case at bar and did not aid the court in reaching a decision. The cases cited deal either with federal agencies that have or do not have the privilege, or with questions under the Freedom of Information Act or similar statutes. This case concerns a state agency. It is not correct to say that because certain privileges exist for federal agencies or exist under the federal Freedom of Information Act, the same privileges exist for state agencies. That argument could be made, but the defendants have not made it and the court is unwilling to make it for them. Thus, the defendants have failed to persuade the court that the privilege they assert exists.

The plaintiffs’ arguments to compel discovery also fail because their opposition to the executive predecisional deliberative process privilege assumes that the privilege exists in state government. Instead of arguing that the court should not recognize an executive predecisional deliberative process privilege for state agencies, the plaintiffs’ memoranda argue that the privilege does not apply in this instance. Neither side has addressed the threshold issue of whether such a privilege exists for state agencies. The court will address that issue.

Rule 26 of the Federal Rules of Civil Procedure governs discovery in civil actions brought in federal court. Generally speaking, the scope of discovery is very broad. Rule 26(b)(1) states that “parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action____” Rule 501 of the Federal Rules of Evidence is the starting point in determining whether materials sought in discovery are privileged. Rule 501 provides in full that:

Except as otherwise provided by the Constitution of the United States or provided by Act of Congress or in rules proscribed by the Supreme Court pursuant to statutory authority, the privilege of a witness, person, government, State, or political subdivision thereof shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience. However, in civil actions and proceedings, with respect to an element of a claim or defense as to which State law supplies the rule of decision, the privilege of a witness, person, government, State, or political subdivision thereof shall be determined in accordance with State law.

The claim for relief in this action is brought under the Civil Rights Act of 1871, 42 U.S.C. § 1983 (1977). Since state law does not supply the rule of decision, the question of whether the discovery materials sought are privileged is “governed by the principles of the common law as they may have been interpreted by the courts of the United States in the light of reason and experience.” Fed.R.Evid. 501. Just because the court is not required to apply the state law of privilege, however, does not mean “that federal courts should not consider the law of the state in which the case arises in determining whether a privilege should be recognized as a matter of federal law.” Memorial Hospital for McHenry County v. Shadur, 664 F.2d 1058, 1061 (7th Cir.1981) (emphasis added). In fact, “[a] strong policy of comity between state and federal sovereignties impels federal courts to recognize state privileges where this can be accomplished at no substantial cost to federal substantive and procedural policy.” Memorial Hospital for McHenry [683]*683County v. Shadur, 664 F.2d at 1061, quoting United States v. King, 73 F.R.D. 103, 105 (E.D.N.Y.1976). Accordingly, when a “state holds out the expectation of protection to its citizens, they should not be disappointed by a mechanical and unnecessary application of the federal rule.” Memorial Hospital for McHenry County v. Shadur, 664 F.2d at 1061, quoting Lora v. Board of Education, 74 F.R.D. 565 (E.D.N.Y.1977).

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Bluebook (online)
125 F.R.D. 680, 14 Fed. R. Serv. 3d 128, 1989 U.S. Dist. LEXIS 5660, 1989 WL 53798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moorhead-v-lane-ilcd-1989.