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Letter not covered by attorney-client privilege

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A Southern District magistrate judge has decided a letter between the city of Madison's mayor and city attorney isn't protected by attorney-client privilege in a civil action seeking damages over strip searches of three women.

Magistrate Judge William Hussmann Jr. ruled today that a cover letter from city attorney Robert Barlow II to Madison Mayor Albert G. Huntington isn't protected because it doesn't contain information covered under attorney-client privilege. The ruling came from an order granting plaintiffs' third motion to compel discovery. The plaintiffs, Kristy L. Lessley, Kara J. Rhodehamel, and Kayla M. Messer, filed suit against the city of Madison, Board of Public Works and Safety, the police department, and fire department in Lessley, et al. v. City of Madison, et al., No. 4:07-CV-136, claiming they were improperly strip searched following a traffic stop in January 2007.

The plaintiffs' motion sought a July 2007 cover letter written by Barlow, who also is a member of the city's Board of Public Works and Safety, which operates and manages the police and fire departments.

The issue facing the magistrate was whether Barlow could protect his communications to the mayor concerning the Board of Public Works' business by virtue of the attorney-client privilege. Although the scenario presents a difficult and interesting case for analysis, Magistrate Hussmann declined to make the analysis because this particular letter doesn't have information in it protected by the privilege.

The cover letter doesn't discuss any facts underlying the claims of the instant case, doesn't have any type of legal analysis of cases or statutes, and doesn't give advice to the mayor. The only opinion found in the letter deals with Barlow's opinion about the "tenor" of the letter and his impressions about the plaintiffs' attorney's motive in filing the claims.

As a result, the magistrate ordered the letter be produced within 15 days.

In November 2008, Magistrate Hussmann ordered sanctions against Madison, its Board of Public Works, and police and fire departments following their lack of response to court orders and obstructing discovery in the civil action. The defendants were required to respond to all outstanding discovery requests by Dec. 5, 2008, and pay a $1,000 fine, as well as attorney's fees to plaintiffs' counsel for filing the motions to compel.

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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