HENNEMAN v. CITY OF TOLEDO

No. 87-335.

35 Ohio St. 3d 241 (1988)

HENNEMAN, APPELLEE, v. CITY OF TOLEDO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided March 9, 1988.


Attorney(s) appearing for the Case

R. Michael Frank and Charles Stupsker, for appellee.

Sheldon M. Rosen, director of law, and Geoffrey H. Davis, for appellants.

Gallon, Kalniz & Iorio Co., L.P.A., Ted Iorio and Christine A. Rear don, urging reversal for amicus curiae, Toledo Police Patrolmen's Assn.


DOUGLAS, J.

The principal question posed by this appeal is whether information and records compiled by a police department pursuant to its internal investigation of alleged police misconduct are subject to an executive privilege, either qualified or absolute, protecting such information and records from the normal discovery requirements of civil litigation. We hold that such evidence must be disclosed upon a proper discovery request if, pursuant to an in camera...

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