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Case No. 20-1116

Valerie Rheeder
City of Marion, Iowa, Douglas Slagle, Shellene Gray, and Joseph McHale


Valerie Rheeder


City of Marion, Iowa, Douglas Slagle, Shellene Gray, and Joseph McHale

Attorney for the Appellee

Ann E. Brown

Attorneys for the Appellant

Amy L. Reasner and Holly A. Corkery, for appellants City of Marion and Joseph McHale
Bridget R. Penick and Olivia N. Norwood, for appellant Douglas Slagle
Michele L. Brott and Kacy L. Flaherty-Tarpey, for appellant Shellene Gray

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 23, 2021

            Appeal from the Iowa District Court for Linn County, Mitchell E. Turner, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  (19 pages)

            On interlocutory appeal, the city and other defendants challenge the discovery order requiring the city to turn over to former employee Plaintiff the full, unredacted investigation report prepared by an attorney at their request regarding allegations of sexual harassment and possible disparate treatment in the police department based on sex.  OPINION HOLDS: We find the district court abused its discretion in concluding a redacted portion of the investigation report was not privileged and ordering its production to Plaintiff.  We remand with instructions to order production of specific portions of the redacted report based upon the city raising the Faragher-Ellerth affirmative defense.

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