Free Order on Motion to Quash - District Court of Arizona - Arizona

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Case 2:03-cv-01344-EHC-HCE Document 179 Filed 12/07/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Shannon Michael Clark, Plaintiff, vs. ValueOptions, Inc., Defendants.

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No. CV 03-1344-PHX-EHC (MS) ORDER

The Court is in receipt of the Arizona Department of Public Safety's (DPS) Motion to Quash Subpoena. On November 3, 2005, this Court issued a subpoena on the Arizona Department of Public Safety, which ordered the release of documents related to Defendant Karen Marshall's criminal background and fingerprint clearance to Plaintiff (Doc. # 166). DPS seeks to have a portion of the subpoena quashed, arguing that releasing records related to Defendant Marshall's criminal background would be violative of A.R.S. § 41-1756. A.R.S. § 41-1750(G) enumerates the circumstances under which criminal justice information may be released to third parties. Plaintiff's subpoena does not fall into one of the specific categories listed in § 41-1750(G). In order for Plaintiff to be able to procure the requested documents from DPS, he would have to appear,

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submit to fingerprinting, and pay a fee. Because Plaintiff is incarcerated, he is unable to do so. Further, the statute does not authorize release of criminal records pursuant to an order of a court. Releasing information without authorization under § 41-1750(G) is a violation of A.R.S. § 41-1756. As a result, DPS's Motion to Quash Subpoena will be granted. IT IS ORDERED that the subpoena issued to the Arizona Department of Safety is QUASHED with respect to records relating to Defendant Karen Marshall's criminal background. The remainder of the subpoena remains in effect.

DATED this 6th day of December, 2005.

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