United States Fourth Circuit

In case involving alleged excessive force in an arrest, order quashing subpoena duces tecum issued by a federal grand jury to a City Police Department to obtain the records of the Department-s internal investigation into a complaint filed against an officer is affirmed as, given the particular circumstances of this case, the district court did not abuse its discretion.

Appellate Information

• Argued 11/30/2006
• Decided 02/22/2007
• Published 02/22/2007

Judges

• Before WIDENER and WILKINSON, Circuit Judges, and DAVID A. FABER, Chief United States District Judge for the Southern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Grace Y. Chung Becker, United States Department of Justice, Civil Rights Division, Washington, D.C., for Appellant.   Christopher Scott Boynton, City Attorney's Office, Virginia Beach, Virginia, for Appellee.   ON BRIEF:  Wan J. Kim, Assistant Attorney General, Dennis J. Dimsey, Karl N. Gellert, United States Department of Justice, Civil Rights Division, Washington, D.C., for Appellant.  Leslie L. Lilley, Mark D. Stiles, Andrew B. Pittman, City Attorney's Office, Virginia Beach, Virginia, for Appellee.