◆ SpookStack

Nos. 77-1698, 77-1210 & 77-1870 67 apartment would precipitate a raid. Also, as a member of the BPP, Groth’s informant may have been in the apartment or at least with Hampton the night before the raid—an important fact given the testimonial and scientific evidence introduced by plaintiffs suggesting that Hampton had been drugged prior to the raid. Disclosure of Groth’s informant’s identity is “essential to a fair determination” of this case. Roviaro, supra, 353 U.S. at 61. Th: plaintiffs’ request for disclosure is based neither on mere ‘veculation about the informant’s identity, see United States v. Pruettt, 540 F.2d 995 (9th Cir. 1976), cert. denied, 429 U.S. 1068 (1977), nor on a desire to extract punitive d: mages from an additional defendant. See Black v. Sheraton Corp. of America, 564 F.2d 550 (D.C. Cir. 1977). We are mindful of “the public interest in protecting the flow of information,” Roviaro, supra, 358 U.S. at 62, but we also are aware of the need to maintain the integrity of and confidence in the criminal justice system. The assertion of informer’s privilege by a law enforcement official defending against a civil suit for damages based on his official misconduct should be sérutinized closely. This case, in which plaintiffs have alleged gross misconduct by federal and state law enforcement officials and have presented serious evidence to support these claims, is of paramount significance. There is a serious factual controversy focusing on the existence or identity of Groth’s informant, and a resolution ‘of this controversy is essential to a just adjudication of plaintiffs’ claims. Thus, we conclude that the public’s interest in encouraging the flow of information to law enforcement officials cannot prevail in this case, and that Groth must disclose the identity of his informant. In order to minimize both the risks to this particular informant and any adverse effects on law enforcement generally, we suggest that the appropriate parties move at the retrial for a protective order to set the terms of this disclosure.