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Court Orders Discovery of D.C. Cop’s Personnel Files
At 355: "... [A]ny claim that a party's potential witnesses and exhibits are not fit subjects for discovery is fatuous." The existence of a pre-trial order procedure does not retroactively make those subjects unfit for discovery.
The court directs production of the defendant police officer's personnel files and other personal information. Employment history may be inadmissible as "bad acts" against the officer but admissible as to municipal liability. Requests for his medical history invade the defendant's privacy without any gain in relevant information. His mental health history may be relevant to the municipal claims; the court requires in camera disclosure whether he has been treated by a mental health professional and why. See: Bregman v. District of Columbia, 182 F.R.D. 352 (D.D.C. 1998).
The court directs production of the defendant police officer's personnel files and other personal information. Employment history may be inadmissible as "bad acts" against the officer but admissible as to municipal liability. Requests for his medical history invade the defendant's privacy without any gain in relevant information. His mental health history may be relevant to the municipal claims; the court requires in camera disclosure whether he has been treated by a mental health professional and why. See: Bregman v. District of Columbia, 182 F.R.D. 352 (D.D.C. 1998).
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