United States Second Circuit

Following an order requiring the production of ten e-mail communications allegedly protected by the attorney-client privilege in a case involving a Fourth Amendment claim for invasive strip search, petition for writ of mandamus directing district court to vacate the order is affirmed where: 1) a party must rely on privileged advice from his counsel to make his claim or defense; 2) the district court erred in its ruling that the qualified immunity defense asserted by petitioners placed the privileged communications between the county attorney's office and the sheriff's personnel at issue; and 3) there was no unfairness to the respondents because they were "in no way worse off" as a result of the disclosure that communications existed than they would be if they were unaware of them.

Appellate Information

• Decided 10/14/2008
• Published 10/14/2008

Judges

Court

• United States Second Circuit

Counsel