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MACLAY v. JONES

No. 27776.

542 S.E.2d 83 (2000)

208 W.Va. 569

Donald MACLAY and Karen Maclay, Plaintiffs, v. Robert C. JONES, individually and in his official capacity as a West Virginia State Trooper; John Morrison, John Alexander, John Bragg and Trooper X, an unknown trooper, in their official capacities as members of the West Virginia State Police, and the West Virginia State Police, Defendants.

Supreme Court of Appeals of West Virginia.

Decided December 1, 2000.

Attorney(s) appearing for the Case

Mary Ellen Griffith, Bell & Griffith, Princeton, for Plaintiffs.

Ancil G. Ramey, Jeffrey K. Phillips, Steptoe & Johnson, Charleston, for Defendants.

SCOTT, Justice:

This case arises on certified questions from the Circuit Court of Mercer County and presents issues concerning civil discovery relative to an internal affairs investigation conducted by the West Virginia State Police in connection with allegations of police misconduct. The questions presented are as follows:

1. Where civil discovery is sought of records of a police internal affairs investigation, is the compelled production of such records...

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