In re County of Erie
United States Court of Appeals for the Second Circuit
473 F.3d 413 (2007)
Detainees (plaintiffs) sued Erie County (defendant) alleging its blanket strip-search policy for all detainees violated the Fourth Amendment; the county withheld certain documents as privileged, and a magistrate judge, reviewing them in camera, ordered production of ten emails between the Assistant County Attorney and county officials discussing the search policy's legality, evaluating alternatives, and monitoring compliance with proposed changes, reasoning the emails made policy recommendations rather than gave legal advice. The district court's independent in camera review affirmed that order, and the county sought a writ of mandamus.
Whether the attorney-client privilege protects confidential communications between attorney and client made for the predominant purpose of obtaining or providing legal advice.