The plaintiffs brought a motion seeking answers to undertakings and refusals arising from examinations for discovery in a civil action alleging assault, battery, and negligence against police officers following a fatal police shooting.
The central dispute concerned the permissible scope of questioning, particularly regarding police training, background information, and documents created after the incident.
The court held that discovery must be focused and proportionate under the amended Rules of Civil Procedure and ordered answers only where the information was directly relevant to the negligence issues.
Questions about police training, operational conduct, and contemporaneous draft notes prepared before official notebook entries were ordered answered, while broad background inquiries and certain privileged materials were refused.
The court also ruled that draft notes prepared and sent to counsel prior to the preparation of official police notes were not protected by privilege and must be produced.
