Larson

NOWINSKI, United States Magistrate Judge.

Susan Larson sues Brent Harrington and Calaveras County under 42 U.S.C. § 1983 and state law. Plaintiff alleges she was sexually harassed by Harrington while employed by Calaveras County and that her employment was terminated in retaliation for her refusal to continue to submit to Harrington's sexual advances; she also alleges that Harrington defamed her.

The parties agree that the county hired Larson in 1985, that she was eventually promoted to the position of planning director, and that she was fired in April 1996.

Harrington was present at closed sessions of the Calaveras Board of Supervisors when the board discussed, first, plaintiff's promotion to planning director and, later, her termination. At his deposition, Harrington refused to answer any questions about the meetings. Harrington based his refusal upon California's Brown Act, Cal.Gov.Code § 54950, et seq. Larson moves to compel Harrington's responses. Harrington opposes upon the original ground and also attorney-client privilege, which plaintiff claims he waived by not asserting it during his deposition.

Federal law governs the parties' dispute. Fed.R.Evid. 501; see Jackson…