Ogden police to hand over mental health records in officer-involved shooting

Published: Tuesday, Sept. 30, 2008 9:19 a.m. MDT
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OGDEN — Police must hand over mental health records for two officers involved in the shooting of a man wandering a street with a shotgun in hand.

Federal Magistrate Judge Paul Warner ordered the Ogden Police Department to hand over partial medical records for two of three officers involved in the fatal shooting of Jesse Turnbow. The 29-year-old man was shot during a confrontation in December 2006. Witnesses said he raised a shotgun at officers and fired. Three officers fired, hitting Turnbow 20 times.

Turnbow's family is suing Ogden city and the officers, arguing excessive force. They sought the mental health records as part of their lawsuit. Ogden city attorneys argued that the records were not relevant and were protected under psychotherapist-patient privilege.

The judge reviewed the records. In a written ruling issued, Warner ordered select records released to the Turnbow family's attorneys, arguing that the rest were not relevant to the lawsuit.

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