Weiss v. City of Santa Rosa Police Department et al

Northern District of California, cand-4:2015-cv-01639

ORDER by Judge Kandis A. Westmore regarding Defendants' {{105}} Discovery Letter Brief. Granting relief requested AS MODIFIED. (kawlc1, COURT STAFF) (Additional attachment(s) added on 5/5/2017: # {{1}} Certificate/Proof of Service)

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1 TERESA L. STRICKER, Interim City Attorney (SBN 160601) JOHN J. FRITSCH, Assistant City Attorney (SBN 172182) 2 City of Santa Rosa 100 Santa Rosa Avenue, Room 8 3 Santa Rosa, California 95404 Telephone: (707) 543‐3040 4 Facsimile: (707) 543‐3055 5 Attorneys for Defendants CITY OF SANTA ROSA (erroneously sued herein as CITY OF SANTA ROSA POLICE 6 DEPARTMENT); former Chief to the Santa Rosa Police Department TOM SCHWEDHELM; Officer JOHN DEADMAN; Officer KAIDEN KEMP; Sgt. ANDREW 7 ROMERO and Officer PAT GILLETTE 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 TERRY L. WEISS, CASE NO. C 15‐01639 YGR (KAW) 12 Plaintiff, [Proposed] ORDER REGARDING 13 DEFENDANTS' 5/1/17 JOINT LETTER v. 14 AS MODIFIED CITY OF SANTA ROSA POLICE 15 DEPARTMENT; et al., Re: Dkt. No. 105 16 Defendants. / 17 18 On May 1, 2017, defendants filed a discovery letter seeking a court order for 19 Plaintiffʹs mental health records to be produced. On April 20, 2017, City received a 20 copy of the Superior Court of California, County of Sonoma Criminal Docket SCR 21 679947 re defendant ʺWeiss, Terry L.ʺ; offense date ʺ04/15/2016ʺ; filed charge ʺPC 242ʺ 22 and arresting agency ʺROHNERT PARK POLICE DEPARTMENTʺ. The courtroom 23 minutes reflect: 24 ʺ06/13/2016:...Refer to Mental Health‐ Dr. Ranish 25 06/23/2016:…Dr. Schneider appointed to examine defendant…1368 PC CERTIFICATION 26 07/08/2016:…Dr. Doty appointed to examine defendant..pursuant to 1368 PC. 27 08/11/2016:…Dr. Shirikian appointed to examine defendant…pursuant to 1368 28 PC. 1 [Proposed] Order Regarding Defendants' 5/1/17 Joint Letter, Case No. C 15‐01639 YGR 1 09/02/2016:…1368 PC Hearing Held…Defendant found Mentally Incompetent…referred to 1370 outpatient Competency Restoration Program. 2 11/01/2016:…Jo Ihringer appointed to examine defendant…pursuant to 1368 PC 3 11/01/2016:…INITIAL STATUS REPORT FROM THE 1370 RESTORATION 4 PROGRAM LETTER DATED 10/31/16 5 02/08/2017:…STATUS REPORT FROM 1370 OP RESTORATION PROGRAM RECEIVED 6 02/09/2017:…Dr. Shelly appointed to examine defendant 7 03/10/2017:…Dr. Shelly appointed to examine defendant 8 03/16/2017:…PSYCHOLOGICAL EVALUATION RECEIVED FOR REPORT 9 DATED 2/23/17 10 03/23/2017:…Defense Counsel files Motion to Dismiss pursuant to 11385 PC Counsel submit on report of Dr. Shelley dated 3/15/2017 11 Court finds Defendant not likely to be restored.ʺ 12 (Defendantsʹ May 1, 2017 Letter, Dkt. No. ___ at 1‐2) 13 Upon review of the discovery letter, the Court finds this matter suitable for 14 resolution without oral argument pursuant to Civil Local Rule 7‐1(b) and, in light of 15 Plaintiff's agreement to the disclosure of these documents to Defendants and the Court 16 (Dkt. No. 105, Ex. C at 1), GRANTS defendants motion for an order for Plaintiffʹs mental 17 health records to be produced by Sonoma County Mental Health Service and her 18 examiners for an in camera review by the Court prior to being released to Defendants: 19 Good cause appearing, the Court as follows: 20 1. Within 10 days of the filing of this Order, Defendants shall issue 21 subpoenas for two copies of records of plaintiffʹs mental health examinations, 22 diagnoses, reports, testing, restorability and/or competency to: 23 Sonoma County Mental Health Services; and mental health professionals Ranish; 24 Schneider; Doty; Shirikian; Ihringer; and Shelley. 25 2. Upon receipt of responsive records and/or certificates, counsel for 26 defendants shall not review said records, and shall maintain the records in sealed 27 envelopes; 28 3. Upon receipt of all responsive records and/or certificates, counsel for 2 [Proposed] Order Regarding Defendants' 5/1/17 Joint Letter, Case No. C 15‐01639 YGR 1 defendants shall give one complete set of records and/or certificates to Plaintiff 2 (without any review or redaction) and file the other set of records with the Court 3 under seal; 4 4. The Court shall undertake an in camera review of the records, and shall 5 designate those records or portions of records relevant to the issue of plaintiffʹs 6 competency; and issue an order thereon. 7 IT IS SO ORDERED. 8 9 Dated: 5/5/2017 ______________________________ 10 KANDIS A. WESTMORE United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 [Proposed] Order Regarding Defendants' 5/1/17 Joint Letter, Case No. C 15‐01639 YGR