Morrison v. City & County of Denver

80 F.R.D. 289, 1978 U.S. Dist. LEXIS 14598, 18 Fair Empl. Prac. Cas. (BNA) 529
CourtDistrict Court, D. Colorado
DecidedNovember 1, 1978
DocketCiv. A. No. 77-K-1017
StatusPublished
Cited by9 cases

This text of 80 F.R.D. 289 (Morrison v. City & County of Denver) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morrison v. City & County of Denver, 80 F.R.D. 289, 1978 U.S. Dist. LEXIS 14598, 18 Fair Empl. Prac. Cas. (BNA) 529 (D. Colo. 1978).

Opinion

ORDER RE: PLAINTIFFS’ OBJECTIONS TO MAGISTRATE’S ORDER CONCERNING DISCOVERY

KANE, District Judge.

This is an employment discrimination suit brought under Title VII and 42 U.S.C. §§ 1981, 1982, 1985 and 1988. Plaintiffs bring this action as a class action under Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure. They allege a class consisting of all Black persons employed as police officers between January 1, 1965 and the present who are no longer employed by the department; all Black persons who may become employed as police officers in the future; and all Black persons who were deterred from seeking employment as a result of the discriminatory practices complained of in this action.

Plaintiffs allege that defendants have discriminated against them solely because of their race and deprived them of their civil and constitutional rights while employed in the Classified Service of the Denver Police Department. They characterize the discrimination as consisting of certain job assignments, lack of promotion, working conditions and benefits, terminations, suspensions, investigations and harassment. As relief, they seek a declaratory judgment as to the discriminatory nature of defendants’ employment practices, reinstatement, exemplary damages, back pay, costs and attorney’s fees.

On September 11, 1978 defendants requested a protective order in regard to the following items:

[291]*291Interrogatory # 7, “With respect to those Black police officers employed by the Denver Police Department since 1972, state:

E. Reason for termination;
F. Dates of any and all disciplinary proceedings;
G. Reason for each disciplinary proceeding;
H. Action taken in each disciplinary proceeding;”

Interrogatory # 14, “For each person holding the position of detective since 1970, state:

F. If terminated or demoted, the date and reason therefor;”

Interrogatory # 16, “With respect to all police officers suspended or terminated pending disposition of criminal charges filed against them, for the period 1972, to the present, state:

A. Name;
B. Race, sex or national origin;
C. Date of suspension or termination;
D. Criminal charges filed;
E. Disposition of criminal charges filed;
F. Rank at the time of discharge, termination, or suspension;
G. Date or [sic] reinstatement;
H. Disposition of departmental disciplinary proceedings against said person;
I. Date of hire;
J. Rank at the time of reinstatement;
K. Whether suspended with or without pay;
L. Whether compensated with back pay upon reinstatement.”

Interrogatory # 32, “With respect to all persons denied entry to the Department due to unsatisfactory background investigation, since 1970, state:

A. Name;
B. Race, sex or national origin;
C. Date of application;
D. Substance of the background investigation which made them ineligible for employment by the Department.”
Bequest for Production # 6, “Provide the background investigation reports of all persons employed by the Department since 1972 whose background investigation report has indicated any type of criminal activity, arrest, juvenile proceedings, or police contact.”

The motion was referred to the magistrate’s office for determination and on October 4, 1978 a hearing was held before Magistrate Hilbert Schauer. Defendants based their motion for protective orders on the Colorado Public Records Act, C.R.S. 1973, §§ 24-72-204(2)(a)(I), 24-72-204(3)(a)(III) and 24-72-204(6).

The Colorado Public Records Act itself authorizes inspection and affords no basis for defendants’ motion. The Act was never intended to thwart discovery in litigation. In fact, ample provision is made in the wording of the statute itself. ’73 C.R.S. 24-72-203 provides:

(1) All public records shall be open for inspection by any person at reasonable times, except as provided in this part 2 or as otherwise provided by law, . . . ” (Emphasis added.)

The Rules of Civil Procedure are laws which provide for the inspection and discovery of any matter, not privileged, which is relevant to any claim or defense even if such information would be inadmissible at trial so long as it appears reasonably calculated to lead to the discovery of admissible evidence. Since the statute expressly includes inspection as provided by law, I need give it no other construction which would place it in controversy with the Rules of Civil Procedure. Thus, I am not required to address the issue of whether such a state statute could abridge the federal judicial process by prohibiting or limiting discovery. The statute and rules are not in conflict; they are in harmony.

On October 5, 1978 the magistrate granted defendants’ motion for protective orders without prejudice, “thus permitting the plaintiffs to reassert their request upon a showing of unavailability by other means and upon submission of an effective and carefully drafted protective order which [292]*292may be unobjectionable to the defendants.” Plaintiffs have filed an objection to this order which is ripe for determination by this court.

Generally, plaintiffs should be permitted a very broad scope of discovery in Title VII cases. Since direct evidence of discrimination is rarely obtainable, plaintiffs must rely on circumstantial evidence and statistical data, and evidence of an employer’s overall employment practices may be essential to plaintiff’s prima facie case. Rich v. Martin Marietta Corp., 522 F.2d 333 (10th Cir. 1975). The Tenth Circuit has consistently allowed extensive discovery in employment discrimination cases whether the action is brought by an individual or the government holding that “the elimination of employment discrimination, whether practiced knowingly or unconsciously and in relation to employment or advancement criteria which, although neutral on its face, is in fact discriminatory in its application.” EEOC v. University of New Mexico, 504 F.2d 1296 at 1302 (10th Cir. 1973).

The University of New Mexico case, supra,

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

Related

Edwards-Yu v. DeJoy
W.D. Washington, 2022
Rodger v. Electronic Data Systems, Corp.
155 F.R.D. 537 (E.D. North Carolina, 1994)
Berniger v. Denver & Rio Grande Western Railroad
139 F.R.D. 175 (D. Colorado, 1991)
Southwest Hide Co. v. Goldston
127 F.R.D. 481 (N.D. Texas, 1989)
Held v. National Railroad Passenger Corp.
101 F.R.D. 420 (District of Columbia, 1984)
Prouty v. National Railroad Passenger Corp.
99 F.R.D. 545 (District of Columbia, 1983)
Martinelli v. District Court in & for the City & County of Denver
612 P.2d 1083 (Supreme Court of Colorado, 1980)
Martinelli v. DIST. COURT IN & FOR CITY, ETC.
612 P.2d 1083 (Supreme Court of Colorado, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
80 F.R.D. 289, 1978 U.S. Dist. LEXIS 14598, 18 Fair Empl. Prac. Cas. (BNA) 529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morrison-v-city-county-of-denver-cod-1978.