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King v. Harwood

United States District Court, W.D. Kentucky, Louisville Division

January 24, 2018

SUSAN JEAN KING, Plaintiff,
v.
TODD HARWOOD, Defendant.

          MEMORANDUM ORDER AND OPINION

          Colin Lindsay, Magistrate Judge

         Before the Court is a motion to quash a third party subpoena filed by a former defendant, the Kentucky State Police (“KSP”). (DN 36.) Plaintiff Susan Jean King (“King”), the subpoenaing party, filed a response to KSP's motion on October 16, 2017. (DN 40.) KSP replied on October 30, 2017. (DN 42.) For the reasons stated below, the Court GRANTS KSP's motion to quash in part and DENIES the motion in part.

         I. Statement of Facts

         Because of the long factual and procedural history of this case, the Court will only detail the facts necessary to evaluate KSP's motion to qaush. For a more thorough recitation of the facts and procedural history of this case, see King v. Harwood, 2017 WL 6029633 (W.D. Ky. Dec. 5, 2017).

         In her complaint, King named KSP as one of several defendants in this lawsuit filed under 42 U.S.C. §1983. (DN 1.) On June 1, 2016, this Court granted KSP's motion for summary judgment, which the Sixth Circuit subsequently affirmed on appeal. (DN 18.); King v. Harwood, 852 F.3d 568, 692 (6th Cir. 2017). The sole remaining defendant, Todd Harwood (“Harwood”), filed a motion to stay the district court proceedings on September 7, 2017, while he appealed the Sixth Circuit's decision to the Supreme Court of the United States. (DN 34.)

         Meanwhile, on September 8, 2017, King served KSP with a subpoena duces tecum, that, in full, requested:

(1) A complete copy of the personnel file for Todd Harwood. This request includes both the personnel files maintained by the Human Resource Brand and at any post that Todd Harwood assigned.
(2) A complete copy of Todd Harwood's training file maintained by the Human Resource Branch and at any post that Todd Harwood was assigned.
(3) A complete copy of any internal affairs investigation, whether such file is maintained by the Internal Affairs Branch or at a KSP post, which Todd Harwood was the subject of the investigation.
(4) Any complaints, administrative inquires, disciplinary actions, documented counseling, and/or written reprimand, issued to Todd Harwood for the time period of January 1, 2006, to the present.
(5) A complete copy the [sic] entire case file for the Breeden Murder Investigation. This request includes, but is not limited to, all documents relating to any physical or documentary evidence, notes, audiotapes, transcripts, videotapes, photographs, forensic evidence, and/or test results from the investigation.
(6) Any memorandum, internal files, and/or documentation, which are maintained by KSP, any branch of KSP, or KSP post, that in any way relates to the Breeden Murder Investigation.
(7) Any documentation relating to a peer review of the Breeden Murder Investigation.
(8) Any reports made to any KSP post relating to the Breeden Murder Investigation.
(9) Any audiotapes and/or videotapes of any polygraph tests performed in the Breeden Murder Investigation. This request includes, but is not limited to, any notes taken or made by the polygraph examiner.
(10) Any videotapes, audiotapes, and/or transcripts of any interviews taken as part of the Breeden Murder Investigation.
(11) Any documents relating to training, training materials, manuals, books, advertisements, or instructional documents that Todd Harwood received or was provided, including but not limited to, any records of classes, seminars, or training sessions in which Todd Harwood took part, that relates to investigating murders, investigating cold cases, and the Reid Technique of interviewing and interrogation.
(12) Any documents comprising policies and procedures and/or standard operating procedures adopted by KSP at any time between May 1, 2006, to the present, as well as all amendments or changes to any such policies and procedures and/or standard operating procedures, that relate to cold case investigations.
(13) Any photographs that in any way relate to or where taken as part of the Breeden Murder Investigation.
(14) Todd Harwood's time records for the years 2006, 2007, 2008, and 2012.
(15) Any e-mails, for the time period of May 1, 2006, to the present, which in any way relate to, or ...

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