Attorneys for former Govs. Jack Markell and Ruth Ann Minner this week sought to avert discovery in a case brought by the family of a correction officer killed in the Feb. 1 takeover of a Smyrna prison, stressing precedent from a similar case over the rape more than a decade ago of a counselor at the same jail.

The 2005 ruling has resurfaced at the center of a wrongful death case accusing Minner, Markell and other state officials of failing to address critical security concerns at James T. Vaughn Correctional Center's Building C, leading to the death of Lt. Steven Floyd Sr. earlier this year.

Attorneys for Saundra Floyd, Steven Floyd's widow, and five officers who survived the siege have alleged that both former governors hid chronic understaffing from lawmakers and the public, and they accused Markell specifically of enacting policy that left corrections guards outmanned and overworked. Markell's eight years in office ended in January, and Minner has not served in the post since 2009.