Segar et al. v. Holder et al., No. 77-81 (EGS/JMF) (D.D.C. Sept. 26, 2011).

In the Segar class action against the Department of Justice, pending since 1977, Magistrate Judge Facciola holds:

1. deliberative process privilege may not be used by a federal agency where intent is at issue; and

2. attorney-client privilege objection to discovery is waived if not raised in response within 30 days of service of discovery.

The opinion is available on-line at:

– submitted by Joel P. Bennett