Prudente et al v. Hamilton et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Cody Prudente, as Personal 	)
Representative of the Estate of John 	)
Prudente, Jr., deceased, 	)
)
Sandra Prudente, 	)
and John Prudente, Sr., 	)
) 	ORDER
Plaintiffs, 	)
)
vs. 	)
)
Mary Hamilton, individually and in her 	)
official capacity as a City of Mandan 	)
Police Officer, 	)
)
Joshua Scherr, individually and in his 	)
official capacity as a City of Mandan 	)
Police Officer, 	)
)
Dominic Hanson, individually and in his 	)
official capacity as a City of Mandan 	) 	Case No. 1:22-cv-024
Police Officer, 	)
)
Peter Czapiewski, individually and in 	)
his official capacity as a Lieutenant of 	)
City of Mandan Police, 	)
)
David Raugust, individually and in his 	)
official capacity as a Sergeant of City of 	)
Mandan Police, and 	)
)
City of Mandan, 	)
)
Defendants. 	)
Before the court is a “Motion for Request to Access Documents” filed by Plaintiffs on March
22, 2023. 	(Doc. No. 28). 	They seek an order from the court granting release of the Bureau of
Criminal Investigations (“BCI”) complete and unredacted Report BCI120-0074 detailing its
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investigation into the death of John Prudente, Jr. They advise that they served a subpoena on BCI
requesting the report and were told that by BCI that, absent a court order, it could not produce the
unredacted report as it contained sensitive information. They further advises that BCI had indicated
to them that it would not oppose a motion requesting access to the unredacted report.
The court GRANTS Plaintiffs’ motion (Doc. No. 28) and authorizes BCI to release the
complete and unredacted Report BCI120-0074 to Plaintiffs’ counsel.
IT IS SO ORDERED.
Dated this 6th day of April, 2023.
/s/ Clare R. Hochhalter
Clare. R. Hochhalter, Magistrate Judge
United States District Court
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