Plaintiff sued defendant to compel deposition testimonies of two of defendant’s employees (DEA agent and federal prosecutor), where defendant sought said testimonies to establish in underlying lawsuit that one of plaintiff’s doctors failed to disclose that he was under federal investigation in violation of his employment agreement. Defendant, which refused defendant’s request, was subject to its Touhy regulations that governed when it would disclose information or make its employees available for deposition. Dist. Ct., in denying plaintiff’s motion, could properly find that plaintiff had failed to show under applicable arbitrary and capricious standard that defendant unreasonably applied its Touhy regulations, where defendant explained that allowing said depositions would interfere with its law enforcement mission and jeopardize its ability to obtain cooperation in future investigations. Ct. of Appeals further noted that information sought by plaintiff could have been established through other evidence.
Federal 7th Circuit Court
Civil Court
Discovery