Fact Pattern IV Federal court action against Los Angeles Police Department officers for an injunction and declaratory relief arising out of the search and seizure of certain items from the plaintiff, the Hollywood Free Paper and Adult Cinema Cooperative. Plaintiff alleges that defendants' search and seizure violated the first and fourth amendments to the U.S. Constitution and the qualified journalist's privilege recognized by some members of the Supreme Court in Branzburg v. Hayes. In support of its motion for summary judgment, plaintiff submits an affidavit from Robert Woodstein, a reporter for the Washington Boast. Woodstein's affidavit states that press searches tend to chill confidential news sources in and out of government. The affidavit contains several examples in which Woodstein allegedly lost sources of his own after he was subpoenaed by the Attorney General and forced to disclose the identity of Deep Throat, a source for a particularly sensitive story that died when the Attorney General's subpoena was served.
Defendants object and move to strike the affidavits on the grounds of hearsay.
Fact Pattern V Action for damages P allegedly sustained on January 1 when D ran over P with his snowmobile while P was cross-country skiing. D denies hitting P and also that P suffered any injuries. I was in agony out on the trail, couldn't sleep last night, and now my legs are really throbbing. Suppose that P's statement was made to the attending hospital physician while P was being examined. Suppose that P's statement was made to a second physician retained specially by P's brother, a personal injury plaintiff's lawyer, to examine P in anticipation of his testifying against D at a future trial.