Kerr v. United States District Court

426 U.S. 394 (1976)

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Nature of the Case

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Facts

Seven prisoners in the custody of the Department of Corrections filed a class action suit against just about everybody in California involved with the department of corrections over the carrying out of the length and conditions for punishment for convicted criminal offenders. P submitted requests for discovery under Rule 34. P wanted to examine the files of every twentieth inmate and to examine Adult Authority files. D objected claiming that the Adult Authority files were irrelevant, confidential, and privileged and that a prior in camera review was necessary. The documents were ordered with a protective order limiting the number of people who could examine the files. Petitioners filed a writ of mandamus under 28 U.S.C. section 1651(a) to vacate the order. That was denied. A similar chain of events occurred with the prisoner's files, and the same result ensued. The Supreme Court granted certiorari.