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Anthony Kingsberry v. United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


June 3, 2011

ANTHONY KINGSBERRY, PLAINTIFF,
v.
UNITED STATES OF AMERICA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Donald G. Wilkerson United States Magistrate Judge

ORDER

On June 2, 2011, the Court held a hearing on a Motion to Compel Discovery (Doc. 66) filed by Plaintiff Anthony Kingsberry. Jennifer Baumann appeared on behalf of Plaintiff. Laura Jones appeared on behalf of Defendants. Mark McGuire appeared on behalf of the Federal Bureau of Prisons. Having reviewed the documents in camera, the Court ORDERS the following:

NATURE OF THE BATES NO. PRIVILEGE RULING RECORD ASSERTED BY DEFENDANTS

Office of Internal Affairs 588-598 Law Enforcement Docs. 588-597 shall (OIA Report) Special Privilege, be produced. Investigative Supervisor's Deliberative Process Officer Report Privilege, Privacy None of the Act privileges apply.

These documents do not refer to pre-decisional or deliberative matters; do not disclose law enforcement techniques and procedures; nor are the individual's privacy rights impacted.

Doc. 598 is shall not be produced as it is protected by the Law Enforcement privilege, Deliberative Process privilege and Privacy Act OIA Report 599-601 Law Enforcement Shall be produced. Office of Inspector Privilege, General and list of Deliberative Process None of the witnesses Privilege, Privacy privileges apply.

Act

These documents do not refer to predecisional or deliberative matters; do not disclose law enforcement techniques and procedures; nor are the individual's privacy rights impacted as the witness's name has already been redacted.

OIA Report 602-603 Law Enforcement Shall not be "Authorization to Conduct Privilege, produced. a Local Investigation into Deliberative Process alleged Staff Misconduct" Privilege, Privacy The documents are and Act protected by the Law Enforcement "Warning and Assurance Privilege. to Employee Required to Provide Information" OIA Report 608 Law Enforcement Shall be produced. "Warning & Assurance to Privilege, Employee Required to Deliberative Process None of the Provide Information" Privilege, Privacy privileges apply.

Act

This document does not refer to predecisional or deliberative matters; does not disclose law enforcement techniques and procedures; nor is the individual's privacy rights impacted.

OIA Report 612 Law Enforcement Shall be produced. "Warning & Assurance to Privilege,

Employee Required to Deliberative Process None of the Provide Information" Privilege, Privacy privileges apply.

Act

This document does not refer to predecisional or deliberative matters; does not disclose law enforcement techniques and procedures; nor is the individual's privacy rights impacted.

OIA Report 618-619 Law Enforcement Shall not be Affidavit Privilege, produced.

Deliberative Process

Privilege, Privacy This document is Act protected by the Law Enforcement Privilege, Deliberative Process Privilege and Privacy Act OIA Report 622 Law Enforcement Shall not be Affidavit Privilege, produced. Deliberative Process Privilege, Privacy This document is Act protected by the Law Enforcement Privilege, Deliberative Process Privilege and Privacy Act OIA Report 623 Law Enforcement Shall be produced. "Warning & Assurance to Privilege, Employee Required to Deliberative Process None of the Provide Information" Privilege, Privacy privileges apply.

Act

This document does not refer to predecisional or deliberative matters; does not disclose law enforcement techniques and procedures; nor is the individual's privacy rights impacted.

OIA Report 624-625 Law Enforcement Shall be produced. Affidavit of James Hundt Privilege,Deliberative Process None of the Privilege, Privacy privileges apply.

Act

The information sought is factual rather than evaluative, does not reveal law enforcement techniques or procedures and is not pre-decisional or deliberative.

OIA Report 626 Law Enforcement Shall be produced. "Warning & Assurance to Privilege,Employee Required to Deliberative Process None of the Provide Information" Privilege, Privacy privileges apply.

Act

This document does not refer to predecisional or deliberative matters; does not disclose law enforcement techniques and procedures; nor is the individual's privacy rights impacted.

OIA Report 627-628 Law Enforcement Shall be produced. Wendall Brown Affidavit Privilege,Deliberative Process None of the Privilege, Privacy privileges apply.

Act

The information sought is factual rather than evaluative, does not reveal law enforcement techniques or procedures and is not pre-decisional or deliberative.

OIA Report 629 Law Enforcement Shall be produced. "Warning & Assurance to Privilege,Employee Required to Deliberative Process None of the Provide Information" Privilege, Privacy privileges apply.

Act

This document does not refer to predecisional or deliberative matters; does not disclose law enforcement. techniques and procedures; nor is the individual's privacy rights impacted.

OIA Report- 2nd page of 630 Law Enforcement Shall be produced. Jaimet's Affidavit Privilege, Deliberative Process None of the Privilege, Privacy privileges apply.

Act

The information sought is factual rather than evaluative, does not reveal law enforcement techniques or procedures and is not pre-decisional or deliberative.

OIA Report- 1 & 3 page 631-632 Law Enforcement Shall be produced. of Jaimet's Affidavit Privilege,Deliberative Process None of the Privilege, Privacy privileges apply.

Act

The information sought is factual rather than evaluative, does not reveal law enforcement techniques or procedures and is not pre-decisional or deliberative.

Tort Claim Investigation 633 Law Enforcement Shall not be Memorandum for D. Privilege, produced. Schivone, Captain, re tort Deliberative Process claim Privilege, Privacy This document is Act protected by the Law Enforcement Privilege, Deliberative Process Privilege and Privacy Act Tort Claim Investigation 638-639 Law Enforcement Shall not be for Daryl Kosiak, Privilege, produced. Regional Counsel for tort Deliberative Process claim Privilege, Privacy This document is Act, Attorney-Client protected by the Law Privilege and Work Enforcement Product Doctrine Privilege, Deliberative Process Privilege, Privacy Act, Attorney-Client Privilege and Work Product Doctrine.

SIS Report -- Report of 674-677 Law Enforcement Shall be produced. Incident Privilege, Deliberative Process None of the Privilege, Privacy privileges apply. Act Information regarding gang affiliation and separation/ CIMS category shall be redacted.

SIS Report- After-Action 678 Law Enforcement Shall be produced. Review Report/Use of Privilege, Force/Restraints/Chemical Deliberative Process None of the Agents/Non-lethal Privilege, Privacy privileges apply. weapons Act Information regarding gang affiliation and separation/ CIMS category shall be redacted.

SIS Report of Incident 700-703 Law Enforcement Shall be produced. Privilege, Deliberative Process None of the Privilege, Privacy privileges apply. Act Information regarding gang affiliation and separation/CIMS category shall be redacted.

SIS Report- After-Action 704 Law Enforcement Shall be produced. Review Report/Use of Privilege, Force/Restraints/Chemical Deliberative Process None of the Agents/Non-Lethal Privilege, Privacy privileges apply. Weapons Act Information regarding gang affiliation and separation/ CIMS category shall be redacted.

Tort Claim Investigation 709-710 Law Enforcement Shall not be Memorandum for Daryl Privilege, produced. Kosiak, Regional Counsel Deliberative Process Privilege, Privacy This document is Act, Attorney-Client protected by the Law Privilege and Work Enforcement Product Doctrine Privilege, Deliberative Process Privilege and Privacy Act, Attorney-Client Privilege and Work Product Doctrine.

Tort Claim Investigation 711 Law Enforcement Shall not be Memo for D. Schiavone Privilege, produced.

Deliberative Process

Privilege, Privacy This document is Act, Attorney-Client protected by the Law Privilege and Work Enforcement Product Doctrine Privilege, Deliberative Process Privilege, Privacy Act, Attorney-Client Privilege and Work Product Doctrine.

OIA Report- 729-732 Law Enforcement Doc. 729 shall not be Memorandum for D. Privilege, produced as it is Smith (729) Deliberative Process protected by the Law Report of Incident (730- Privilege, Privacy Enforcement 732 Act Privilege, Deliberative Process Privilege and the Privacy Act.

Docs. 730-732 shall be produced with gang affiliations and separation information/CIMS category shall be redacted. Referral of Incident to 733-734 Law Enforcement Shall not be Office of Internal Affairs Privilege, produced.

Deliberative Process

Privilege, Privacy This document is Act protected by the Law Enforcement Privilege, Deliberative Process Privilege and Privacy Act. OIA Report- 735 Law Enforcement Shall not be Memorandum of D. Privilege, produced.

Shoff, Special Deliberative Process Investigative Agent Privilege, Privacy This document is Act protected by the Law Enforcement Privilege, Deliberative Process Privilege and Privacy Act. SIS Report Memorandum 736-737 Law Enforcement Shall not be Re: "Assault/Fight E Privilege, produced. Unit" Deliberative Process Privilege, Privacy This document is Act protected by the Law Enforcement Privilege, Deliberative Process Privilege and Privacy Act.

SIS Report Memorandum 738 Law Enforcement Shall not be Re: "Assault/Fight E Privilege, produced. Unit" Deliberative Process Privilege, Privacy This document is Act protected by the Law Enforcement Privilege, Deliberative Process Privilege and Privacy Act.

SIS Report Memorandum 739 Law Enforcement Shall not be for D. Shoff, Special Privilege, produced. Investigative Agent Deliberative Process Privilege, Privacy This document is Act protected by the Law Enforcement Privilege, Deliberative Process Privilege and Privacy Act.

SIS Report Memorandum 740 Law Enforcement Shall not be for D. Shoff, Special Privilege, produced. Investigative Agent Deliberative Process Privilege, Privacy This document is Act protected by the Law Enforcement Privilege, Deliberative Process Privilege and Privacy Act.

SIS Report Affidavit 741 Law Enforcement Shall not be Privilege, produced. Deliberative Process Privilege, Privacy This document is Act protected by the Law Enforcement Privilege, Deliberative Process Privilege and Privacy Act.

Office of Internal Affairs 745-746 Law Enforcement Shall not be Report Privilege, produced.

Deliberative Process

Privilege, Privacy This document is Act protected by the Law Enforcement Privilege, Deliberative Process Privilege and Privacy Act. OIA Investigative Report 767-794 Law Enforcement Shall not be Privilege, produced. Deliberative Process Privilege, Privacy This document is Act protected by the Law Enforcement Privilege, Deliberative Process Privilege and Privacy Act. SIS Report- Memorandum 814-815 Law Enforcement Shall not be for file E-Unit Incident Privilege, produced.

Deliberative Process

Privilege, Privacy This document is Act protected by the Law Enforcement Privilege, Deliberative Process Privilege and Privacy Act.

SIS Report- Memorandum 866 Law Enforcement Shall be produced. for C. Gomez, Captain E- Privilege, Unit Fight/Assault Deliberative Process None of the Privilege, Privacy privileges apply.

Act

The information sought is factual rather than evaluative, does not reveal law enforcement techniques or procedures and is not pre-decisional or deliberative.

SIS Report- Memorandum 867 Law Enforcement Shall be produced. for Lt. Mash-Fight in E- Privilege, unit Deliberative Process None of the Privilege, Privacy privileges apply.

Act

The information sought is factual rather than evaluative, does not reveal law enforcement techniques or procedures and is not pre-decisional or deliberative.

SIS Report- Memorandum 868 Law Enforcement Shall be produced. for Lt. Mash-Fight in E- Privilege, unit and D-range Deliberative Process None of the Privilege, Privacy privileges apply.

Act

The information sought is factual rather than evaluative, does not reveal law enforcement techniques or procedures and is not pre-decisional or deliberative.

SIS Report Memorandum 869 Law Enforcement Shall be produced. Fight in E-Unit and D- Privilege, Range Deliberative Process None of the Privilege, Privacy privileges apply.

Act

The information sought is factual rather than evaluative, does not reveal law enforcement techniques or procedures and is not pre-decisional or deliberative.

SIS Report Memorandum 870 Law Enforcement Shall be produced. to Lt. Mash- Fight in E Privilege, Unit Deliberative Process None of the Privilege, Privacy privileges apply.

Act

The information sought is factual rather than evaluative, does not reveal law enforcement techniques or procedures and is not pre-decisional or deliberative.

SIS Report Memorandum 871 Law Enforcement Shall be produced. to Lt. Mash- Fight in E Privilege, Unit Deliberative Process None of the Privilege, Privacy privileges apply.

Act

The information sought is factual rather than evaluative, does not reveal law enforcement techniques or procedures and is not pre-decisional or deliberative.

SIS Report Memorandum 872 Law Enforcement Shall be produced. to Lt. Mash- Fight in ECH Privilege, D range Deliberative Process None of the Privilege, Privacy privileges apply.

Act The information sought is factual rather than evaluative, does not reveal law enforcement techniques or procedures and is not pre-decisional or deliberative.

SIS Report Memorandum 873 Law Enforcement Shall be produced. to Lt. Mash- Fight in ECH Privilege, D range Deliberative Process None of the Privilege, Privacy privileges apply.

Act

The information sought is factual rather than evaluative, does not reveal law enforcement techniques or procedures and is not pre-decisional or deliberative.

SIS Report Memorandum 874 Law Enforcement Shall be produced. to Lt. Mash- Fight in ECH Privilege, D range Deliberative Process None of the Privilege, Privacy privileges apply.

Act

The information sought is factual rather than evaluative, does not reveal law enforcement techniques or procedures and is not pre-decisional or deliberative.

SIS Report Memorandum 875 Law Enforcement Shall be produced. to Lt. Mash- Fight in E Privilege, unit Deliberative Process None of the Privilege, Privacy privileges apply. Act The information sought is factual rather than evaluative, does not reveal law enforcement techniques or procedures and is not pre-decisional or deliberative.

SIS Report Memorandum 876 Law Enforcement Shall be produced. for Lt. Mash Privilege, Deliberative Process None of the Privilege, Privacy privileges apply.

Act

The information sought is factual rather than evaluative, does not reveal law enforcement techniques or procedures and is not pre-decisional or deliberative.

SIS Report Memorandum 877-878 Law Enforcement Shall be produced. for D. Shoff, SIA Privilege, Deliberative Process None of the Privilege, Privacy privileges apply.

Act

The information sought is factual rather than evaluative, does not reveal law enforcement techniques or procedures and is not pre-decisional or deliberative.

SIS Report 884-888 Law Enforcement Protected by the Law Privilege, Enforcement Deliberative Process privilege, Privilege, Privacy Deliberative Process Act privilege and Privacy Act.

Based upon the foregoing, Defendant United States of America is hereby ORDERED to produce the documents consistent with this Order by June 10, 2011.

IT IS SO ORDERED.

20110603

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