Ex parte Riggs
| Citation | 423 So.2d 202 |
| Parties | 8 Ed. Law Rep. 530 Ex parte Dorothy RIGGS. (In re Steve DRINKARD, By and Through his next friend Dorothy RIGGS. David DRINKARD, By and Through his next friend Dorothy RIGGS v. BOARD OF SCHOOL COMMISSIONERS OF MOBILE COUNTY, Alabama; and Thelma Cook). 81-752. |
| Decision Date | 19 November 1982 |
| Court | Alabama Supreme Court |
Vaughan Drinkard, Jr., and S.C. Middlebrooks of Drinkard & Newton, Mobile, for petitioners.
Clyde P. McLendon, Asst. Atty. Gen., State Dept. of Pensions and Sec., Montgomery, and Richard G. Alexander, Mobile, for respondents.
This is a petition for writ of mandamus. Mrs. Riggs's children were allegedly assaulted by a Mobile schoolteacher, Thelma Cook. Mrs. Riggs reported this to the Department of Pensions and Security. The Department investigated, and during the investigation Ms. Cook is alleged to have made admissions of the assault to the Department.
Mrs. Riggs filed a damage suit against the teacher and the Mobile County school commissioners. Subsequently, she filed a motion to produce all reports, summaries, documented interviews, or other written evidence of any communication to an agent, servant, or employee of the Department of Pensions and Security regarding the Riggs-Cook investigation.
The Department moved for a protective order on the ground of confidentiality of the records, citing Code 1975, § 26-14-8. The trial judge, Michael Zoghby, granted the Department's motion.
The respondent judge declined to have an in camera viewing of the written evidence and ruled that the records were strictly confidential and not subject to perusal by the court or counsel for Mrs. Riggs.
Mrs. Riggs seeks a writ of mandamus to Judge Zoghby, praying that he be ordered to permit her to discover the Department records. We opine that at the very least, the trial judge should conduct an in camera inspection of the subject records and any other written evidence to determine if there is relevant evidence, and, if so, grant Mrs. Riggs the right to discover that evidence from the files of the Department of Pensions and Security. Ex parte Guerdon Industries, Inc., 373 So.2d 322 (Ala.1979).
WRIT OF MANDAMUS GRANTED.
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McCart v. State
...to information material to his defense. Ritchie, 107 S.Ct. at 1002. This same procedure was approved and ordered in Ex parte Riggs, 423 So.2d 202, 203 (Ala. 1982) (in mandamus proceeding, parent in damage suit against teacher sought to have trial judge required to permit her to discover rec......
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Ex parte Land
...(Ala.1997); Ex parte Compass Bank, 686 So.2d 1135 (Ala.1996); Ex parte Life Ins. Co. of Georgia, 663 So.2d 929 (Ala. 1995); Ex parte Riggs, 423 So.2d 202 (Ala. 1982). The Alabama Supreme Court recently in Ex parte Horton, 711 So.2d 979 (Ala.1998), cited the standard of review for evaluating......
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Russell v. State, 8 Div. 960
...to information material to his defense. Ritchie, 107 S.Ct. at 1002. This same procedure was approved and ordered in Ex parte Riggs, 423 So.2d 202, 203 (Ala.1982) (in mandamus proceeding, parent in damage suit against teacher sought to have trial judge required to permit her to discover reco......
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Ex parte Esteban
... ... § 26-14-8(c), our supreme court has indicated that a ... trial court should perform an in camera review of the records ... of the Department of Human Resources to determine if they are ... material to the issues before the court. Ex parte ... Riggs , 423 So.2d 202, 203 (Ala. 1982) (indicating that ... "the trial judge should conduct an in camera inspection ... of the subject records and any other written evidence to ... determine if there is relevant evidence" within the ... records). Similarly, the Court of Criminal ... ...