Walters v. Breaux

200 F.R.D. 271, 2001 U.S. Dist. LEXIS 5827, 2001 WL 483985
CourtDistrict Court, W.D. Louisiana
DecidedApril 18, 2001
DocketNo. CIV. A. 00-110
StatusPublished
Cited by3 cases

This text of 200 F.R.D. 271 (Walters v. Breaux) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walters v. Breaux, 200 F.R.D. 271, 2001 U.S. Dist. LEXIS 5827, 2001 WL 483985 (W.D. La. 2001).

Opinion

DISCOVERY RULING

TYNES, United States Magistrate Judge.

On February 5, 2001, plaintiff filed a Motion to Compel seeking production of all documents, notes, photographs, tape and video recordings, investigative notes and records, administrative records, complaints, complaint histories, allegations of misconduct allegedly committed on or off duty, Internal Affairs Investigations, and information prepared by or on behalf of the Lafayette Sheriff Department arising out of any complaint or allegation of misconduct on or off duty made against the following individuals: Thomas Rhodes, Jerrell A. Tauzin, David Derouselle, Richie James Broussard, Willis P. Arcen-eaux, Jr., and Heath Alleman. (Document No. 40). These individuals were interviewed in connection with the investigation of plaintiffs allegation that she was raped by Thomas Rhodes at her apartment which she shared with Tauzin and Broussard on Friday, January 23, 1998 in the early morning hours after they had been drinking at a local bar. (Exhibit “A,” Document No. 47). All except David Derouselle have been employed as law enforcement officers with the Lafayette Sheriffs Department. Derouselle, Ar-ceneaux and Alleman are not parties herein. By Ruling dated March 16, 2001, the undersigned issued an Order requiring that responsive documents be delivered to the undersigned for an in camera inspection. (Document No. 76).

Discovery of privileged information in personnel/investigative files is determined by balancing the government’s interest in confidentiality against the litigant’s need for the documents. Coughlin v. Lee, 946 F.2d 1152 (5th Cir.1991); D’Antoni v. Roach, 1997 WL 627601 (E.D.La. Oct. 10, 1997). In Coughlin, plaintiffs were former deputy sheriffs who contended that they had been impermissibly discharged in retaliation for failing to support the sheriff in his re-election bid. To support their claim of pretext, plaintiffs sought discovery of personnel files of non-party sheriffs department employees who politically supported the Sheriff during the election and had arguably been guilty of a variety of infractions more serious than those committed by plaintiffs, but who were never[273]*273theless not discharged. The district court limited discovery because it found the files irrelevant to plaintiffs cause.

On appeal, the Fifth Circuit concluded that the district court’s limitation of discovery constituted an abuse of discretion. In reaching its determination, the Fifth Circuit noted that “[i]n Title VII litigation, in which plaintiffs are similarly required to demonstrate pretext, courts have customarily allowed a wide discovery of personnel files. All or some parts of these personnel files could be central to the plaintiffs’ effort to prove pretext.” Coughlin, 946 F.2d at 1159. The court determined that the district court had failed to consider whether the documents were privileged, inspected them in camera or engaged in a balancing of competing interests. On remand, the Fifth Circuit directed the district court to determine which files were discoverable by inspecting them in camera to determine if any were privileged and weighing their relevance against the government’s interest in maintaining confidentiality in accordance with the factors articulated in Frankenhauser v. Rizzo, 59 F.R.D. 339, 344 (E.D.Pa.1973).1

Moreover, courts within this circuit have noted an apparent trend in this country to permit disclosure of law enforcement departments’ internal affairs investigative reports and files. Tyner v. City of Jackson, Mississippi, 105 F.R.D. 564, 566 (S.D.Miss.1985); Dinh v. Fenner, 1987 WL 9817 (E.D.La.1987). However, Coughlin directs that in resolving such disputes, the court is required to balance the competing interests in a considered manner, with regard for the breadth of the federal discovery rules. Eckstein Marine Service Inc. v. M/V Basin Pride, 168 F.R.D. 38, 40 (W.D.La.1996).

Having concluded an evaluation of the records, as well as review of the memoranda submitted by counsel, this court finds that the records designated in Exhibit A are relevant to the subject matter in the pending action. Specifically, this court finds that the designated records bear upon the witnesses’ veracity and hence, are relevant herein. Such information may provide support to plaintiffs effort to prove that the witnesses’ statements were false or given for the improper purpose of protecting the department or a fellow officer, or may lead to discovery of admissible evidence regarding that issue. Additionally, the personnel file of Thomas Rhodes is relevant because that file was admittedly examined by the investigator, and as such may lead to discovery of admissible evidence -regarding his preparation of the report or the decision to pursue charges against plaintiff.

The defendants contend that the privacy interest of the individuals will be violated if production of the requested documents is ordered as the records contain confidential information such as the individual’s salary, benefits, social security number, home address and home phone number and similar information which is protected from disclosure under various federal and state statutes in the absence of a waiver.

Federal common law, not Louisiana law, governs defendants’ discovery objections. Chauvin v. Sheriff Harry Lee, 2000 WL 567006, *1 (E.D.La.2000) citing Fed.R.Evid. 501. “When considering a federal claim, federal courts apply federal common law, rather than state law, to determine the existence and scope of a privilege. Federal courts will, [274]*274however, consider state policies supporting a privilege in weighing the government’s interest in confidentiality.” Coughlin v. Lee, 946 F.2d 1152, 1159 (5th Cir.1991) citing Fed. R.Evid. 501. Although plaintiffs have asserted claims under both federal and state law, “all of the circuits that have directly addressed this issue have held that the federal law of privilege governs on issues of discoverability and/or admissibility,” even when the evidence sought is relevant to a pendent state claim. Chauvin, 2000 WL 567006 at *1 citing Hinsdale v. City of Liberal, 961 F.Supp. 1490, 1493 (D.Kan.) (citing cases from Second, Third, Sixth, Seventh & Eleventh Circuits), aff'd, 981 F.Supp. 1378 (D.Kan.1997), and Torres v. Kuzniasz, 936 F.Supp. 1201, 1208 (D.N.J.1996).

Under the Louisiana Public Records Law, the home telephone number of the public employee if it is unlisted, the home telephone number of the public employee when the employee has requested that the number be kept confidential, and the home address of the employee when the employee has requested that the address be kept confidential, are confidential personnel records not subject to disclosure. La. R.S. § 44:11. Moreover, pursuant to 5 U.S.C. § 552(b)(6) personnel and medical files are protected from disclosure if disclosure would constitute a clearly unwarranted invasion of the individual’s personal privacy. 5 U.S.C.

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Bluebook (online)
200 F.R.D. 271, 2001 U.S. Dist. LEXIS 5827, 2001 WL 483985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walters-v-breaux-lawd-2001.