Williams v. California Department of Corrections and Rehabilitation

Background

The plaintiffs asked the court to compel production of exhibits 76, 87, and 88 to an Office of Internal Affairs Investigation Report. The defendants had produced the report in response to the plaintiffs’ first set of document requests but withheld those exhibits as privileged. Their privilege log cited the government and official information privileges.

At an April 9, 2024 hearing, the court found that the requested documents were relevant. It directed the defendants to submit the documents with proposed redactions for review inside the court, known as in camera review. The defendants submitted the proposed redactions, and the court reviewed them.

Privilege and Redactions

The defendants asserted the official information privilege, a federal common-law privilege that can protect certain government information from disclosure. The court explained that determining whether the privilege applies requires weighing the possible benefits of disclosure against the possible disadvantages. The party asserting the privilege must first make a substantial threshold showing through a declaration or affidavit, and the defendants submitted such a declaration.

The plaintiffs argued that the case’s protective order was enough to address the defendants’ concerns. The court had previously found that the protective order addressed the defendants’ governmental and privacy interests, while recognizing that redactions might be needed for safety reasons.

Ruling

The court concluded that the documents should be disclosed with the defendants’ proposed redactions. It determined that this approach would avoid jeopardizing the safety of inmates, staff, and the institution. Magistrate Judge Alex G. Tse granted the plaintiffs’ request to compel production and ordered the defendants to produce redacted copies of exhibits 76, 87, and 88 by May 31, 2024.