Grandbouche v. Clancy

SEYMOUR, Circuit Judge.

This appeal arises from an action for damages brought by John E. Grandbouche against various defendants, including numerous agents of the United States Internal Revenue Service (IRS). The district court dismissed the suit after Grandbouche failed to comply with its discovery order. We agree with Grandbouche’s contention on appeal that the trial court erred in failing to apply a balancing test to his assertion of a First Amendment privilege not to comply with the discovery order. We therefore vacate the trial court’s dismissal of the action and remand for application of…