Minke v. Page County, Va.

In this employment suit brought by a former county employee, the Virginia Freedom of Information Act doesn’t create a separate privilege allowing the County to refuse to produce discovery pursuant to Federal Rule of Civil Procedure 26. The Virginia General Assembly, knowing how to create a privilege of the sort the County posits, and having specifically done so in no uncertain terms in other statutes including Code § 60.2-623(B), did not do so in Code § 2.2-3711(A).

Objections to magistrate’s recommendation overruled.

Minke v. Page County, Va., No. 5:18cv82, Feb. 25, 2019. WDVA at Harrisonburg (Urbanski).

Categories: Opinions, U.S. District Court - Western District of Virginia

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