Opinion
3:11-cv-00913-ECR (WGC)
08-08-2012
JULIO SMITH PARRA, Plaintiff, v. HOWARD SKOLNIK, et al., Defendants.
COUNSEL FOR PLAINTIFF(S): NONE APPEARING COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTES OF THE COURT
PRESENT: THE HONORABLE WILLIAM G. COBB , U.S. MAGISTRATE JUDGE DEPUTY CLERK: KATIE OGDEN REPORTER: NONE APPEARING COUNSEL FOR PLAINTIFF(S): NONE APPEARING COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
On June 7, 2012, Plaintiff filed a Motion for Early Production of "Giglio" Material. (Doc. # 13.) Defendants opposed. (Doc. # 16.)
In Giglio v. United States, 405 U.S. 150 (1972), the Supreme Court held that when the reliability of a witness may be determinative of guilt or innocence in a criminal case, nondisclosure of the evidence regarding credibility falls within the ambits of Brady v. Maryland, 373 U.S. 83 (1963), which requires that the prosecution disclose exculpatory material to the defense.
Neither Giglio nor Brady are applicable to Plaintiffs civil rights action brought under 42 U.S.C. § 1983. Accordingly, Plaintiffs motion (Doc. # 13) is DENIED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By: _______________
Deputy Clerk