Case Conclusion Date: June 2, 2010
Practice Area: Communications / Media
Outcome: Summary Judgment granted for Defendant
Description: Facts: Plaintiff police officer brings federal claim against several parties, alleging violation of Computer Fraud and Abuse Act and related state law claims. Defendant is an attorney that represented a party that the plaintiff had sued in a prior, and dismissed, state action. Defendant moves for summary judgment. Reporter Chuck Allen, from the Quincy Valley Post-Register, wrote an article in March of 2009 related to the previous lawsuit. Plaintiff issues subpoena to Allen in the federal case, and then moves to compel his testimony related to sources for his article after Allen asserts his journalist privilege at a deposition. Allen acquires private counsel to challenge the motion to compel testimony, arguing that the state and federal journalist privilege precludes Allen's testimony because Plaintiff had not met his burden to overcome that privilege. Result: Summary judgment granted for Defendant. Plaintiff appeals dismissal to 9th Circuit.