9th Cir.;
15-56279

The court of appeals affirmed in part and reversed in part a judgment. The court held that because sealed warrants and supporting affidavits may not be readily discoverable at the time of an allegedly unlawful search, the discovery rules applies to toll actions for judicial deception.

Gary Klein's wife unexpectedly died at the age of forty-one. During the course of its investigation, the Beverly Hills Police Department came to suspect that Klein may have poisoned her. In August 2009, the police obtained three search warrants to search Klein's home and computer. Despite an extensive and lengthy investigation, no criminal charges were ever filed. Despite multiple requests, the police refused to show Klein the warrants and supporting affidavits because these documents were sealed. In 2012, the state trial court denied Klein's petition to unseal the warrants, finding it would “interfere” with the ongoing investigation. In January 2013, Klein sued the City of Beverly Hills, its police chief, and others under 42 U.S.C. §1983, alleging that the warrants were obtained through judicial deception. The warrants and supporting affidavits were ultimately produced in discovery in 2015.