Herlancer Ross v. City of Memphis, Walter Crews and Alfred Gray, Individually

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing the Bevill test, that requires an individual to show that he “made it clear” that he was seeking individual advice
• observing that \the contents of a privileged communication may be injected into litigation either by making the content of communications a factual basis of a claim or defense or by disclosing the communication itself\
• collecting cases holding that governmental entities may invoke the attorney-client 17 privilege in civil suits and relying on corporate privilege principles to define the privilege available to governmental entities
• existing case law “generally assumes the existence of a governmental attorney-client privilege in civil suits between government agencies and private litigants”
• noting \ Swidler & Berlin 's rationale is also fatal to the reasoning of Hearn \
• noting attorney-client privilege cannot be both a “sword and a shield” such that “the privilege may implicitly be waived when [a party] asserts a claim that in fairness requires examination of protected communications”

Source: CourtListener parenthetical corpus (CC0).