Documents related to Syracuse University’s 2005 investigation into molestation allegations against former basketball coach Bernie Fine are not shielded from disclosure in a lawsuit filed by Fine’s wife as attorney work-product, a federal magistrate judge decided.
Northern District Magistrate Judge David Peebles (See Profile) said the university investigated the allegations as it would in any potential disciplinary action against an employee, not with an eye toward the possibility that Fine’s accuser Mark Davis might sue the school if the charges against Fine proved true. As such, Peebles ruled that the documents were “prepared in the ordinary course of business” and were not protected as work-product.
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