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Is anyone aware of any case law that specifically addresses the issue of whether a grand jury subpoena can be used to obtain Civil Service police Departments' internal affairs files? Local Government Code 143.089 makes internal affairs files confidential under most circumstances. All of the cases I have looked at deal with defendants trying to get to these files in criminal cases or plaintiffs trying to get these files in civil (usually 1983) cases. I can't find any case, so far, that deals with the issue of whether 143.089 trumps a grand jury subpoena. I'm sure this situation has come up before (prosecutor and grand jury investigating potential criminal conduct by police officer seeking internal affairs files of investigation into the same conduct). And, I am aware of Garrity. Assume we are specifically not asking for Garrity material. Any suggestions?
 
Posts: 126 | Location: Bryan, Texas | Registered: October 31, 2001Reply With QuoteReport This Post
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