Robertson v. City of Concord

Background

The court addressed discovery disputes first presented in Joshua Robertson’s unilateral discovery letter brief. The parties submitted a response and reply. This order concerned discovery and did not decide the underlying claims.

Orders on Discovery

First, the defendants were instructed to produce Concord Police Department policies concerning “high-risk felony stops” or “fleeing felons.” If no such policies existed, the defendants had to submit a written verification, under penalty of perjury, stating that the City had searched and found no such policies.

Second, the defendants were instructed to produce 94 withheld pages from Officer Ron Bruckert’s personnel files for in-camera review. “In-camera review” means private review by the court. The court ordered that production by December 17, 2021.

Third, the defendants were instructed to produce internal-affairs documents concerning the six Concord police officers who witnessed the shooting or its immediate aftermath, to the extent the documents concerned those officers’ credibility or dishonesty. The court explained that internal-affairs records are different from ordinary personnel records and may be relevant to the credibility of police witnesses, including officers who are not parties. Because the incident was not captured on video, the court found that internal-affairs documents bearing on the truthfulness of police eyewitnesses were relevant and discoverable.

Privacy Protection and Disposition

The court noted that the documents could be produced under the stipulated protective order approved on March 25, 2021, to address concerns about disclosure of nonparty officers’ protected personnel information. Judge Susan Illston issued these discovery instructions and stated, “IT IS SO ORDERED.”