Incito Schools v State (D1 10.2.2025)

This is a special action. Plaintiffs are indicted partly based on the State’s forensic expert testimony before the grand jury. The indictments are later dismissed, and Plaintiffs file suit against the State and its investigators. They allege the defendants, including the forensic expert, fabricated evidence to secure the indictments. They have the grand jury transcript and want to use it in their civil rights lawsuit. Wary of a criminal statute that would make disclosure a misdemeanor, they seek permission from the state court. The state court denied the request, and they filed this special action. The Court of Appeals accepts jurisdiction and grants relief. Under these circumstances, where the defendants who were indicted but later dismissed are now plaintiffs, there is less interest in keeping things secret. The trial court needs to consider this reduced confidentiality interest. Further, while it is the state court’s role to decide the societal interest in secrecy and whether disclosure is appropriate, it is the federal court that determines if there is a specific need for this evidence in the civil case. We expect to learn more about this from the federal court and, if it proceeds, how plaintiffs navigate the immunity barriers.

This entry was posted in Uncategorized. Bookmark the permalink.