United States District Court, E.D. Pennsylvania
HARLEY MICHAEL AND EMILY BILLHEIM, co-administrators of the estate of Cameron Harold Michael, a deceased minor, Plaintiffs,
CONCERN - PROFESSIONAL SERVICES FOR CHILDREN, YOUTH AND FAMILIES; COUNTY OF BERKS; REBECCA KELLER; JESSICA WAGNER; KATHRYN ACKER; SHANNON ELYSE; NATHAN MOORE; and SHAWNA M. MOORE, Defendants.
OPINION AND ORDER
F. LEESON, JR. UNITED STATES DISTRICT JUDGE
Harley Michael and Emily Billheim served a subpoena on
nonparty Pennsylvania State Police, seeking to obtain records
relating to the death of their son Camron. They also
submitted by letter a supplemental request for discovery to
Defendant County of Berks, Pennsylvania, requesting that the
County produce any recordings or transcripts of certain 911
calls. Both parties refused to comply and, in response,
Plaintiffs filed a motion to enforce the subpoena against the
State Police and to compel production from the County. For
the following reasons, the State Police and the County are
directed to supply Plaintiffs and the Court with additional
information in support of their assertion that the evidence
sought by Plaintiffs is protected by the “law
are co-administrators of the estate of their deceased child,
Camron Michael. At the time of his death, Camron was in the
care of foster parents, Defendants Nathan and Shawna Moore.
In April 2015, Camron suffered a traumatic brain injury,
among other injuries, and succumbed to his condition a week
later. The cause of Camron's injuries is yet unknown, but
his death is currently being investigated by the State Police
and the County's District Attorney's Office.
Plaintiffs filed this civil action against the Moores, the
County, and other Defendants.
Plaintiffs' Subpoena Duces Tecum and the Pennsylvania
State Police's Response
December 28, 2016, Plaintiffs served a subpoena duces tecum
upon the State Police, a nonparty to this lawsuit, seeking
1. All documents and communications referring or relating to
any complaints made regarding or against Nathan Moore or
2. All documents and communications referring or relating to
any investigations by the State Police of Nathan Moore or
3. All documents and communications referring or relating to
Camron Michael, including but not limited to, memoranda,
investigation or interview notes, voicemail messages,
e-mails, letters, police reports, investigation reports,
subpoenas, warrant applications, affidavits of probable
cause, warrants, and documents and communications sent to or
received from BCCYS, DHS, Concern, Susan Quirits, Sharon
Scullin, or any medical examiner or coroner.
4. All documents and communications referring or relating to
any investigation regarding the injuries to or the death of
Camron Michael, and the current status of any such
5. All documents and communications referring or relating to
any charges that have been filed against Nathan Moore or
Shawna Moore in connection with the death of Camron Michael;
and, if no such charges have been filed, any documents and
communications referring or relating to the reasons why no
such charges have been filed.
6. All documents and communications referring or relating to
Harley Michael or Emily Billheim.
7. All reports of suspected child abuse to law enforcement
officials (CY-104) referring or relating to Camron Michael,