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Anthony Kingsberry v. United States of America

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 ...


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