United States District Court, D. New Jersey
January 6, 2004.
JAMES SCOTT, Plaintiff, BOARD OF EDUCATION OF THE CITY OF EAST ORANGE, EVERETT JENNINGS, AND ROBERT BOWSER, Defendants
The opinion of the court was delivered by: SUSAN WIGENTON, Magistrate Judge
Before the Court is a motion for a protective order (the "Motion")
filed by defendants the Board of Education of the City of East Orange
(the "Board"); Everett Jennings ("Jennings"), a member of the Board;
and Robert Bowser ("Bowser"), the Mayor of the City of East Orange,
(collectively, "Defendants"). Defendants seek to preclude plaintiff James
Scott ("Plaintiff") from inquiring into the mental impressions and
discussions of the members of the Board that contributed to their
decision to terminate Plaintiff's employment with the Board, pursuant to
the Deliberative Process Privilege and the Open Public Meetings Act,
N.J.S.A. § 10:4-12.
For the reasons set forth in the Opinion of even date, the Motion is
denied. Plaintiff may question members of the Board regarding their
mental impressions and discussions that contributed to their decision to
terminate Plaintiff subject to the limitation that the information
discovered may be used only
in this litigation.
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