Woodyard v. Alabama Department of Corrections et al
Order granting 39 MOTION to Compel filed by Draper Frank Woodyard. Defendants are ordered by 6/24/2013 to produce documents as set out. The 41 MOTION to Subpoena records re: the number of fights is granted unless defendants establish by 6/ 24/2013 that such records do not exist. Plaintiff is granted leave to Reply to defendants' Response (Doc. 37) by 7/8/2013. Plaintiff is ordered by 8/5/2013 to supplement his Rebuttal to Answer and Special Report. Signed by Magistrate Judge Katherine P. Nelson on 6/10/2013. Copy mailed to Plaintiff. (tgw)
IN THE UNITED STATES DISTRICT FOR THE
SOUTHERN DISTRICT OF ALABAMA
DRAPER FRANK WOODYARD,
ALABAMA DEPARTMENT OF
CORRECTIONS, et al.,
CIVIL ACTION NO. 1:12-00566-WS-N
This action is before the Court on defendants’ responses (docs. 37 and 38) to
plaintiff’s motions (docs. 4, 13 and 34) seeking a preliminary injunction and temporary
restraining order to remove him from any proximity to his attacker and motion to
subpoena records (doc. 35).1 Also under consideration is plaintiff’s reply, as set forth
not only in his “Rebuttal to Defendants’ Answer and Special Report” (doc. 42), but in his
subsequent motion (doc. 39) to compel the defendants to release records he previously
requested in his motion to subpoena records (doc. 35) and motion (doc. 41) to now
subpoena records which report “the actual number of fights with and without weapons
and assaults that have occurred within the Annex and on the exercise yard from 2003 to
Plaintiff contends that these records will refute the evidence submitted by the defendants in
support of their Special Report and Answer (docs. 29-20), which have now been converted to a motion
for summary judgment (doc. 33).
The most pressing issue in this case at the moment is whether or not the plaintiff is
in immediate danger of further attack from his known enemy, Lawrence Anderson
(“Anderson”). Defendants contend that plaintiff is in no such danger “because of the
procedures in place to keep enemies separated, even while housed in the same
segregation unit.” (Doc. 37 at ¶ 3). Defendants also contend that plaintiff and Anderson
would not have had contact with one another in the shower, “have never been housed
within three cells of each other,” and would not have been in the same exercise yard
together. (Doc. 37 at both ¶ 4’s).
Upon consideration of the above referenced documents, together with all other
pertinent portions of the record, it is ORDERED as follows:
Plaintiff’s motion to compel (doc. 39) is GRANTED and defendants are
directed, by no later than June 24, 2013, to produce to the plaintiff and the Court the
ADOC Form 225B HCF-12-00883C, “the record of [the]
disciplinary hearing concerning the July 24, 2012 incident.
The sections of the ADOC Classification Manual “which pertain to
Close Custody classification and the override procedures for
upgrading custody levels.”2 (Doc. 38 at ¶ 3).
ADOC Bed Roster and Black and White Roster “which contain the
housing information for Plaintiff and inmate Lawrence Anderson.”
(Doc. 38 at ¶ 3).
Although plaintiff continues to request the entire 120 page Classification Manual, plaintiff has
failed to establish the relevance of any other section beyond that which defendants are being compelled to
ADOC Segregation Daily Activity or Movement Log “related to the
movement history [including meals, showers, exercise, medical
visits, and psych visits] of Plaintiff and inmate Anderson . . . for the
requested time periods.” (Doc. 38 at ¶ 5).
Plaintiff’s motion (doc. 41) to subpoena records which report “the actual
number of fights with and without weapons and assaults that have occurred within the
Annex and on the exercise yard from 2003 to 2013” is GRANTED unless the defendants
establish by no later than June 24, 2013, that such records do not exist.
Upon receipt of these documents, it is FURTHER ORDERED that plaintiff is
granted leave to specifically REPLY by no later than July 8, 2013, to defendants
Response (doc. 37) in opposition to plaintiff’s motion for a preliminary injunction (docs.
4, 13 and 34) by which he seeks to be removed from any proximity to his attacker.
Plaintiff’s motion for a preliminary injunction shall again be taken under submission on
July 9, 2013.
In view of the above Order compelling production of discovery, it is also
ORDERED that Plaintiff is granted leave to SUPPLEMENT his “Rebuttal to
Defendant’s Answer and Special Report” (doc. 42) by no later than August 5, 2013, at
which time defendants’ Answer and Special Report (docs. 29 and 30), as converted to a
motion for summary judgment (doc. 31), will be taken under submission.
DONE this 10th day of June, 2013.
s/Katherine P. Nelson
KATHERINE P. NELSON
UNITED STATES MAGISTRATE JUDGE
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