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IN RE COUNTY OF ERIE

Docket No. 07-5702-op.

546 F.3d 222 (2008)

In re the COUNTY OF ERIE Adam Pritchard, Edward, Robinson, and Julenne Tucker, both Individually, and on behalf of a Class of others Similarly Situated, Plaintiffs-Respondents, v. The County of Erie, Patrick Gallivan, Both Individually and in his official capacity as Sheriff of the County of Erie, Timothy Howard, both Individually and as Undersheriff of the County of Erie, Donald Livingston, both individually and as Acting Superintendent of the Erie County Correctional Facility, and Robert Huggins, Both Individually and as Deputy Superintendent of the Erie County Correctional Facility, Defendants-Petitioners, H. McCarthy Gipson, Both Individually and as Superintendent of the Erie County Holding Center, Defendant.

United States Court of Appeals, Second Circuit.

Decided: October 14, 2008.

Attorney(s) appearing for the Case

James P. Domagalski, Frank T. Gaglione, Hiscock & Barclay, LLP, Buffalo, NY, for Defendants-Petitioners.

Elmer Robert Keach, III, Law Offices of Elmer Robert Keach, III, P.C. Amsterdam, NY, for Plaintiffs-Respondents.

Charles J. LaDuca, Cuneo, Gilbert & LaDuca, LLP, Washington DC, for Plaintiffs-Respondents.

Before: FEINBERG, MINER, and B.D. PARKER, Circuit Judges.

MINER, Circuit Judge:

I.

This Petition calls upon us once again to resolve an important question of attorney-client privilege raised in the course of discovery in the ongoing litigation challenging the strip search practices at the Erie County Jail. In requiring the production of ten e-mails that passed between attorney and client in this litigation, the District Court applied the rule that the attorney-client privilege is deemed waived when the advice of...

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