Taylor v. Pima, County of et al

Filing 222

ORDER: IT IS ORDERED that Plaintiff is precluded from conducting discovery concerning the determination that Pima County Attorney Laura Conover has a conflict of interest in this matter. Signed by Judge Rosemary Marquez on 5/25/21.(BAC)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Louis Taylor,

No. CV-15-00152-TUC-RM
Plaintiff,

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v.

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ORDER

County of Pima, et al.,

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Defendants.

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On May 18, 2021, the parties notified chambers of a discovery dispute using the

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discovery-dispute procedures set forth in the Court’s Scheduling Order. The dispute

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concerns Plaintiff’s attempts to conduct discovery, including depositions, regarding the

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determination that Pima County Attorney Laura Conover has a conflict of interest in this

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case. Plaintiff previously asked the Court to set a hearing regarding the bases for the

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assertion that Ms. Conover has a conflict of interest. (Doc. 163.) The Court denied that

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request, declining to “scrutinize the bases for the asserted conflict of interest.” (Doc. 172

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at 2.)

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Defendants argue that Plaintiff is trying to do an end run around the Court’s prior

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ruling by seeking discovery concerning the conflict of interest determination. They

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further argue that (1) nothing in Plaintiff’s Third Amended Complaint or any prior

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iteration of his complaint in this matter alleges anything concerning the conflict of

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interest determination, (2) Plaintiff has no standing to challenge the conflict of interest

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determination, and (3) it is inappropriate for Plaintiff to attempt to litigate the conflict of

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interest determination in this case.

Plaintiff argues that Pima County’s conduct in

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precluding Laura Conover from touching this case violates his civil rights and that the

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conflict of interest determination is relevant to his existing claims.

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The Court reiterates its prior holding that it is without authority to scrutinize the

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bases for the Pima County Attorney’s conflict of interest determination. Plaintiff’s Third

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Amended Complaint contains no allegations concerning the conflict of interest

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determination and, though efforts to insulate prior civil rights violations could perhaps be

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relevant to a punitive damages claim, Plaintiff makes no claim for punitive damages in

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his Third Amended Complaint. Accordingly,

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IT IS ORDERED that Plaintiff is precluded from conducting discovery

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concerning the determination that Pima County Attorney Laura Conover has a conflict of

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interest in this matter.

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Dated this 25th day of May, 2021.

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