PETERSON V. BERNARDI 262 F.R.D. 424 (2009) CASE BRIEF

PETERSON V. BERNARDI

262 F.R.D. 424 (2009)

NATURE OF THE CASE: Peterson (P) filed an action against Bernardi (Ds) alleging that he was wrongfully imprisoned for over 18 years based on a false conviction for murder and rape. P filed a motion to compel return of documents that P inadvertently produced, pursuant to Fed. R. Civ. P. 26(b)(5)(B).

FACTS: P alleges he was wrongfully imprisoned for over eighteen (18) years based on a false conviction for murder and rape and that his conviction was based on the Ds' wrongful conduct. Based on the efforts of the Innocence Project the charges against P were dropped in May 2006, after DNA sample results indicated that the samples from the crime scene evidence did not match P's DNA profile. P sued Ds. P filed his motion after he discovered that he inadvertently produced allegedly privileged and irrelevant documents. P argues the documents are protected by the attorney client privilege and work product doctrine. P also claims two documents are protected by the cleric penitent privilege. P alleges that he took reasonable steps to prevent the inadvertent disclosure. Ds argue that P cannot establish that he took reasonable steps to prevent the inadvertent disclosure and the number and extent of the disclosures support a finding of waiver. Ds argue that P delayed seeking to rectify his disclosure and that the interests of justice are not served by relieving P of his error and that P has not established that the documents in question are privileged.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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