Document Type

Article

Publication Date

10-14-2008

Abstract

This Petition calls upon us once again to resolve an important question of attorney-client privilege raised in the course of discovery in the ongoing litigation challenging the strip search practices at the Erie County Jail. In requiring the production of ten e-mails that passed between attorney and client in this litigation, the District Court applied the rule that the attorney-client privilege is deemed waived when the advice of counsel is placed in issue. We recognize that there has been some uncertainty surrounding the rule and consider the need for clarification of sufficient importance to invoke the remedy of mandamus.

Comments

546 F.3d 222 (2008)

In re the COUNTY OF ERIE

Adam Pritchard, Edward, Robinson, and Julenne Tucker, both Individually, and on behalf of a Class of others Similarly Situated, Plaintiffs-Respondents,

v.

The County of Erie, Patrick Gallivan, Both Individually and in his official capacity as Sheriff of the County of Erie, Timothy Howard, both Individually and as Undersheriff of the County of Erie, Donald Livingston, both individually and as Acting Superintendent of the Erie County Correctional Facility, and Robert Huggins, Both Individually and as Deputy Superintendent of the Erie County Correctional Facility, Defendants-Petitioners, H. McCarthy Gipson, Both Individually and as Superintendent of the Erie County Holding Center, Defendant.

Docket No. 07-5702-op.

United States Court of Appeals, Second Circuit.

Submitted: May 13, 2008.

Decided: October 14, 2008.

New York Law School location: Box #153, File #3675A

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