J & C Marketing, LLC v. McGinty

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Based on investigations by law enforcement officials, a grand jury returned an indictment against several individuals and companies alleging that they had used an Internet gambling system to conceal illegal gambling by presenting it as an Internet sweepstakes. The prosecuting attorney then mailed letters to Plaintiff and other proprietors of Internet sweepstakes cafes threatening criminal prosecution if they did not immediately cease to run the sweepstakes. Plaintiff filed this action seeking to prohibit the prosecuting attorney from enforcing gambling laws against it with respect to Internet sweepstakes. Plaintiff sought to compel discovery of information related to the ongoing criminal investigation. The trial court ordered the prosecuting attorney to produce the information. The prosecuting attorney filed an interlocutory appeal. The court of appeals balanced the competing interests of Plaintiff and the prosecuting attorney and affirmed in part and reversed in part, holding that certain information being sought was not protected by the law enforcement investigatory privilege. The Supreme Court affirmed, holding (1) the law enforcement investigatory privilege is not absolute; and (2) the balancing test the Court adopted in Henneman v. Toledo for weighing the interests of law enforcement in keeping the information confidential against the needs of a civil litigant who requests the information in discovery remains valid. View "J & C Marketing, LLC v. McGinty" on Justia Law