California Court of Appeal
Ibarra v. Superior Court (Tillman), B244824
Petition for writ of mandate brought by guards challenging a trial court order to produce the guards' official service photographs for use by plaintiff in witness interviews, is granted, where: 1) a peace officer's official service photograph is not a personnel record under Penal Code section 832.8 and therefore is not subject to the requirements of Penal Code section 832.7 and Evidence Code section 1043 when discovery or disclosure is sought; 2) the photographs are not protected by either the right to privacy under the California Constitution (art. I, section 1) or the official information privilege (Evid. Code, section 1040); but 3) that the trial court abused its discretion by compelling the disclosure of the photographs in these circumstances without more stringent restrictions on their use.
- Decided 06/27/2013
- Published 06/27/2013
- California Court of Appeal