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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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