Legal Opinion

In Re United States Department of Homeland Security

Court of Appeals for the Fifth Circuit

Decided August 2, 2006No. 06-20330PublishedCited by 38 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

The United States Department of Homeland Security (“Petitioner”) petitions this Court to issue a writ of mandamus to correct a discovery order by the United States District Court for the Southern District of Texas, Houston Division. Petitioner claims the district court erred by compelling disclosure of documents protected by the law enforcement privilege. We conclude that the district court erred in declaring that no law enforcement privilege exists (beyond protecting confidential informant identity). We remand the case to the district court for an in camera review of…

2Cases cited16 opinions

  1. Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
  2. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  3. Maureen E. Coughlin and Frank S. Mistretta v. Harry Lee A/K/A Jefferson Parish SheriffCourt of Appeals for the Fifth Circuit · 1991
  4. Frankenhauser v. RizzoDistrict Court, E.D. Pennsylvania · 1973
  5. Fred B. Black, Jr. v. Sheraton Corporation of America Appeal of United States of AmericaCourt of Appeals for the D.C. Circuit · 1977

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3Cited by38 opinions

  1. In re Volkswagen of America, Inc.Court of Appeals for the Fifth Circuit · 2008
  2. In re The City of New YorkCourt of Appeals for the Second Circuit · 2010
  3. In re JPMorgan Chase & Co.Court of Appeals for the Fifth Circuit · 2019
  4. Vantage Health Plan, Inc. v. Willis-Knighton Med. Ctr.Court of Appeals for the Fifth Circuit · 2019
  5. MacNamara v. City of New YorkDistrict Court, S.D. New York · 2008

33 more not listed; retrieve them via the Exa API.

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