From [HERE] A federal judge Monday said Anaheim must turn over various documents and reports sought by the family of a man shot and killed by a police officer but need not give up documents directly related to or provide access to the officer himself for questions and depositions to preserve his constitutional rights.

Still, U.S. District Judge James Selna said in his order that statements officer Nick Bennallack has made to the city or the Police Department are not protected.

Bennallack was named in a civil lawsuit filed by the family of Manuel Diaz, 25, whose July 21 shooting, followed by another officer-involved fatal shooting the next day, triggered protests in Anaheim.

Bennallack returned to duty within two weeks of the shooting. As is customary for all officer-involved shootings, the Orange County District Attorney's Office is investigating the death.

The city argued in court papers that sharing all reports and documents now with the plaintiff – legally termed "discovery" – could jeopardize the legitimacy of the district attorney's criminal probe, violate Bennallack's Fifth Amendment rights and would create a conflict of interest for the city because it would have to defend against an action about which its employee refuses to speak.

"Defendants present no compelling justification to stay discovery based on the law enforcement privilege," Selna said in his order. "The events underlying the (Diaz family) lawsuit and the identities of the deceased and Bennallack are quite public, diminishing the need for secrecy."