Legal Opinion

MacLay v. Jones

West Virginia Supreme Court

Decided December 1, 2000No. 27776PublishedCited by 18 opinions

1Opinion of the Court

SCOTT, Justice:

This case arises on certified questions from the Circuit Court of Mercer County and presents issues concerning civil discovery relative to an internal affairs investigation conducted by the West Virginia State Police in connection with allegations of police misconduct. The questions presented are as follows:

1. Where civil discovery is sought of records of a police internal affairs investigation, is the compelled production of such records prohibited by a common law (1) law enforcement privilege; (2) executive privilege; or (3) official information privilege?

2. Where civil…

2Cases cited22 opinions

  1. United States v. NixonSupreme Court of the United States · 1974
  2. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  3. Soto v. City of ConcordDistrict Court, N.D. California · 1995
  4. Henry W. Kerr v. United States District Court for the Northern District of California, John Van Geldern, Real Parties in InterestCourt of Appeals for the Ninth Circuit · 1975
  5. Kelly v. City of San JoseDistrict Court, N.D. California · 1987

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

3Cited by18 opinions

  1. Mitchell v. City of Cedar RapidsSupreme Court of Iowa · 2019
  2. Manns v. City of Charleston Police DepartmentWest Virginia Supreme Court · 2001
  3. Charleston Gazette v. SmithersWest Virginia Supreme Court · 2013
  4. In Re Charleston Gazette FOIA RequestWest Virginia Supreme Court · 2009
  5. Wolfe v. GreenDistrict Court, S.D. West Virginia · 2009

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

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