United States District Court, W.D. Kentucky, Louisville Division
MEMORANDUM ORDER AND OPINION
Lindsay, Magistrate Judge
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.
Statement of Facts
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).
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.)
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
(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
(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
(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 ...