The “self-critical analysis” privilege cannot be used in a civil rights suit to protect against disclosure of a report detailing the investigation of a high-ranking prison guard where there is no proof that disclosure would chill witnesses in future investigations, and the report has already been disclosed to two plaintiffs’ lawyers, a federal magistrate judge has ruled.
In Rodriguez v. County of Northampton, U.S. Magistrate Judge Jacob P. Hart found that the self-critical analysis privilege was originally developed to protect internal hospital reports critiquing the medical care offered by the hospital, and is also commonly invoked by companies seeking to protect their affirmative action documents.
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