The opinion of the court was delivered by: Charles P. Kocoras, District Judge
This matter comes before the court on the motion of Plaintiffs Grace and LaTonya Caldwell for relief from the protective order entered in this case on February 11, 2009. For the reasons set forth below, the motion is granted in part and denied in part.
In November 2007, Grace and LaTonya Caldwell (collectively referred to as "the Caldwells") lived in an apartment on South St. Louis Street in Chicago. Defendants Alejandro Gallegos, Marco Bruno, William Lipke, James Woods, Brian Leahy, John Lucid, David Greenwood, Matthew Little, Derrick Denton, Darryl Edwards, and Nathan Hamilton are Chicago police officers (collectively referred to as "the officers") who executed a search warrant at the Caldwells' apartment on the 23rd of that month. The search warrant sought seizure of illegal narcotics, drug paraphernalia, documents showing residency, money, records of drug transactions, and Shiloh Caldwell, who is Grace's grandson and LaTonya's cousin. At one point, Shiloh was a resident of the building where Grace and LaTonya live, which Grace owns.
According to the complaint, none of the officers knocked or announced that they were police officers before they forcibly entered the apartment. The Caldwells contend that the officers caused excessive and unnecessary damage while conducting their search, removed property without legal cause for doing so, and pointed guns at them during the course of the search. The search warrant at issue was obtained by Gallegos. The search revealed guns in a storage locker in the building but outside the women's apartment; no other items mentioned in the search warrant were found. Shiloh was tried on charges of possession of the guns but was acquitted.
On February 1, 2008, the Caldwells filed suit against the officers and the City of Chicago under 42 U.S.C. §§ 1983 and 1985. Shiloh is not a party to this suit. In pertinent part, the complaint contends that Gallegos violated the women's Fourth Amendment rights by relying upon a confidential informant who had not previously provided reliable information, not independently verifying the information the informant supplied, and by being untruthful with the prosecutor who requested and the judge who authorized the warrant.
After discovery began, the City and the officers moved for entry of a protective order designed to prevent disclosure of the identity of the confidential informant mentioned within the search warrant materials. Under the terms of the order, no questions could be asked of the officers in their depositions that could point to or reveal the identity of the confidential informant. The order also specified that the search warrant would be produced only with portions redacted and subject to an "Attorneys' Eyes Only" designation. The order was entered on February 11, 2009.
Subsequently, the Caldwells obtained an unredacted copy of the search warrant and the complaint offered in support of it from Shiloh's attorney in the criminal case for the gun charges. They now move for relief from the protective order under Fed. R. Civ. P. 60(b), to allow inquiry regarding the race and sex of the informant, all information the informant provided that is contended to have supported a finding of probable cause for the search, and production of an unredacted copy of the search warrant and the complaint for the search warrant without an "Attorneys' Eyes Only" restriction.
Fed. R. Civ. P. 60(b) provides an avenue for a party to seek relief from a previously entered order or judgment. The rule specifies the circumstances under which relief is possible; they represent exceptional situations that would justify an extraordinary type of relief. Provident Sav. Bank v. Popovich, 71 F.3d 696, 698 (7th Cir. 1995). Rule 60(b)(2) states that a party may be able to obtain relief from an order by providing newly discovered evidence that is material to the judge's decision and would probably have led to a different result if the information had been previously presented. In re Chicago, Milwaukee, St. Paul & Pacific R.R. Co., 78 F.3d 285, 293-94 (7th Cir. 1996). The evidence must not have been discoverable through due diligence of the presenting party before the order was entered. Id. at 294. If any one of these prerequisites is not satisfied, relief under Rule 60(b) is not available. Id. at 294.
With these principles in mind, we turn to the instant motion.
The officers and the City no longer oppose the request in the instant motion for an unredacted copy of the search warrant materials not subject to a disclosure restriction, in light of the fact that the Caldwells already have one in their possession. Accordingly, the portion of the protective order pertaining to the unredacted materials is vacated.
With respect to the remainder of the protective order, however, the officers and the City maintain that the Caldwells should not be granted relief under Rule 60(b). They argue that the Caldwells have not satisfied their burden of ...