Johnson v. Reno

ORDER RE PLAINTIFF’S MOTION FOR INJUNCTION AND/OR WRIT OF MANDAMUS

Samuel Lee Johnson (“Plaintiff’) brings this action against Janet Reno, in her official capacity as Attorney General (“Reno”); the United States Department of Justice (“DOJ”); the Bureau of Alcohol, Tobacco and Firearms (“ATF”); John W. Magaw, in his official capacity as Director of the ATF (“ATF Director”); the Drug Enforcement Agency (“DEA”); Donnie R. Marshall in his official capacity as Acting Administrator of the DEA (“DEA Administrator”); the Immigration and Naturalization Service (“INS”); and Doris Meissner, in her official capacity as Commissioner of the INS (“INS Commissioner”), to compel the production of documents and testimony from these federal agencies. The underlying action is People v. Samuel Johnson in which Plaintiff was charged with two counts of homicide with special circumstances, and for which the State of California is seeking the death penalty.

The issue before this Court is whether or not the Defendant federal agencies and agency heads, as third parties to an underlying state criminal action, can be compelled to produce the information and testimony requested by Plaintiff. In this case,…