Cheryl Cason v. Optimum Health Institute

MEMORANDUM

Appellant Optimum Health Institute appeals from a civil contempt order by the district court. The district court held Appellant in civil contempt after it refused to comply with the court’s order that it disclose certain documents to Federated Life Insurance Company. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review orders of contempt for an abuse of discretion, but a district court abuses its discretion if it applies incorrect law. F.T.C. v. Affordable Media, 179 F.3d 1228, 1239 (9th Cir.1999); Allen v. Shalala, 48 F.3d 456, 457 (9th Cir.1995), abrogated on other grounds by Gisbrecht v. Barnhart, 535 U.S. 789, 799 , 122 S.Ct. 1817 , 152 L.Ed.2d 996 (2002). We affirm the district court’s contempt order.

Appellant contends that the district court erred by discounting its argument that documents sought by Federated were protected from discovery by constitutional privilege under the religion clauses of the First Amendment. The district court properly held that Appellant’s documents were not protected from discovery by any constitutional privilege.

Appellant’s documents were not protected from disclosure under the Free Exercise clause because the subpoena…