White v. The City of Mount Vernon

Background

Tasjawn White was arrested on March 29, 2018, during the Mount Vernon Police Department’s investigation of a deadly shooting. Detectives Gamble and Smith interrogated him about the shooting. White later pleaded guilty in Westchester County Court to first-degree murder, second-degree attempted murder, and first-degree robbery. He was sentenced to twenty years to life for murder, concurrently with twenty years of imprisonment and five years of post-release supervision for the other charges.

White, proceeding without a lawyer, brought this civil-rights action under Section 1983. He alleges that, immediately after his custodial interrogation and after he requested an attorney, Detectives Gamble and Smith repeatedly kicked and punched him in a secluded stairwell. The defendants deny the allegations.

Protective-order request

The defendants asked for a protective order preventing disclosure of materials from the criminal investigation and prosecution file and other documents in their possession. They argued that the materials were irrelevant to White’s excessive-force claim and were protected by the law-enforcement and informant privileges. The defendants stated that they would normally produce the materials under an “attorney’s eyes only” designation but could not do so because White was representing himself. White opposed the request in part.

Under Federal Rule of Civil Procedure 26, discovery may cover nonprivileged information relevant to a claim or defense and proportional to the needs of the case. For good cause, the court may issue a protective order to prevent annoyance, embarrassment, oppression, or undue burden or expense.

Documents the court found irrelevant

The court determined that White’s only claim concerned the alleged assault after his arrest and before his arraignment. The court explained that documents and photographs concerning the pre-arrest criminal investigation, or filings and orders in the underlying criminal case, did not bear on that claim because White was not challenging the constitutionality of the investigation or prosecution.

The court therefore granted the protective order as to Bates-numbered materials MV0001-0024, MV0026-0080, MV0084-0099, MV0102-0309, and MV0311-1017 because they were not relevant to any claim or defense. The opinion states that all photographs submitted for the court’s private review were also not relevant.

Relevant documents

The court identified four categories of relevant material: the Miranda Warning (MV0025); Detective Smith’s Supplemental Report Narrative #10 (MV0081-83); Detective Gamble’s Supplemental Report Narrative #19 (MV0100-101); and the Mount Vernon Police Department Statement of Admission dated March 29, 2018 (MV0310). These materials addressed White’s request for a lawyer and his interactions with the detectives on March 29, 2018. The court found that they could bear on factors relevant to the excessive-force claim, including the need for force, the amount of force used, the perceived security threat, and whether White was resisting.

Law-enforcement privilege

The court considered the defendants’ argument that the relevant documents were protected by the law-enforcement privilege. That qualified privilege can protect law-enforcement methods, confidential sources, witnesses and officers, the privacy of people involved in an investigation, and the ability to conduct future investigations. The defendants had the burden of showing that the privilege applied.

If the privilege applies, the party seeking disclosure must show that the lawsuit is brought in good faith, the information cannot be obtained through other discovery or sources, and there is a compelling need for it. The court assumed that White’s case was brought in good faith because no one had suggested otherwise. It then balanced the public interest in keeping the information confidential against White’s need for the documents.

Required production and redactions

The court ordered the defendants to produce MV0025, the Miranda Warning, and MV0310, the Statement of Admission, in full. Although these documents were covered by the law-enforcement privilege because they concerned law-enforcement procedures, the court found that they directly addressed White’s allegation that he invoked his right to counsel. The court also found that White could not obtain them from another source and that the public interest in withholding them was minimal.

The court found that Detective Smith’s report, MV0081-83, contained confidential-source and witness information and that much of it was unrelated to White’s claim. But it ordered production of the portion beginning at the bottom of page MV0082 with “On 3/29/18…” through the fourth full paragraph on page MV0083, which described Smith’s encounters with White immediately before and after the alleged assault. The defendants could redact the rest of that document.

The court similarly found that Detective Gamble’s report, MV0100-101, contained protected information about law-enforcement techniques, identification procedures, and confidential sources. It ordered production of the second paragraph on page MV0101, which described Gamble’s administration of the Miranda warning, White’s request for a lawyer, his agitation, and his escort to the cell block. The defendants could redact the remainder.

Disposition

The court granted in part and denied in part the defendants’ motion for a protective order. It ordered production consistent with the specified rulings no later than November 15, 2022, and directed the clerk to mail White a copy of the order.