City & County of Denver v. District Court for the Second Judicial District
City & County of Denver v. District Court for the Second Judicial District
Opinion of the Court
This case is an original proceeding brought under C.A.R. 21, challenging a discovery ruling of the respondent district court. We remand the case for reconsideration, consistent with the views expressed in Martinelli v. District Court, Colo. (S.Ct. No. 79SA349, announced February 4, 1980).
The basis for this original proceeding is a civil action instituted by the plaintiff, Opal Scott, in the respondent district court. The defendants in that action are the City and County of Denver (Denver), the Denver Police Department (department), the chief of the police department, Arthur Dill (Dill), and a police officer employed by the department, Louis Ray.
Pursuant to C.R.C.P. 34, the plaintiff served the department and Dill with a request for production of documents, seeking the opportunity to inspect, among other things, “[a]ny and all reports, investigations, notes, and interviews with witnesses from the Staff Investigation Bureau’s files relating to the incident on May 4, 1978, between Plaintiff and Defendant, Louis Ray.”
Denver, the department, and Dill objected to the request for production of documents, claiming a privilege under the Colorado “open records laws,” sections 24-72-201 et seq. and 24-72-301 et seq., C.R.S. 1973 (Vol. 10 & 1979 Supp.). The plaintiff filed a motion to compel production of the requested materials. After an in camera examination of those materials, the respondent court granted the plaintiff’s motion as to specified items and denied the motion as to the remainder of the requested materials. Denver, the department, and Dill then brought this original proceeding, challenging the partial granting of the motion to compel production.
Rule made absolute.
. The plaintiff also names as codefendants the Turning Point, Inc. (the scene of the incident on which the plaintiffs cause of action is based) and Johnny Porter, Jr. (an officer or agent of the Turning Point).
Reference
- Full Case Name
- CITY AND COUNTY OF DENVER, and Arthur Dill v. The DISTRICT COURT FOR the SECOND JUDICIAL DISTRICT of Colorado, and the Honorable John Brooks, one of the Judges Thereof: Opal Scott, Louis Ray, John Porter, Jr., and Turning Point, Inc.
- Status
- Published