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PUBLIC SAFETY OFFICERS ASS'N v. DENTON

No. D-4557.

897 S.W.2d 757 (1995)

TEXAS DEPARTMENT OF PUBLIC SAFETY OFFICERS ASSOCIATION, Billy Don Ivey, Jerry Moore, Charlie Adams, Mary Pat Becnel (Now Mary Pat Holt), Jeff Heard, Jeff Heard & Co., Petitioners, v. Lane DENTON, Respondent.

Supreme Court of Texas.

Decided April 13, 1995.

Attorney(s) appearing for the Case

Earl L. Yeakel, III, Amanda Foote, Clark, Thomas & Winters, Austin, for petitioners Texas Dept. of Public Safety Officers Ass'n, Billy Don Ivey, Jerry Moore, Charlie Adams and Mary Pat Becnel.

Robert C. May, Guy M. Hohmann, Nicholas S. Bressi, Hohmann & Werner, Austin, for petitioners Jeff Heard and Jeff Heard & Co.

Susan Dasher, Kim D. Brown and Paul D. Keeper, Austin, for respondent.

ENOCH, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, and HIGHTOWER, HECHT, CORNYN and SPECTOR, Justices, join.

We are asked what can a trial court do when a civil plaintiff exercises his Fifth Amendment privilege against self-incrimination and thereupon refuses to comply with discovery. In answering this question, we clarify that a trial court has the authority to respond to an offensive use of an evidentiary privilege by imposing...

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