Flaherty v. Cox et al

Filing 59

ORDER, on 7/31/2013 the Court entered an Order granting Plaintiff's request to call as witnesses former Supervisor Tryone Washington, Sergeant Tammy Daniel, Deputy Warden Richard Todd Ball and Wallace McNairy. See docket entry # 52 . The Court will therefore allow the Plaintiff to call and question former Supervisor Washington and Deputy Warden Ball on the ADC policy on removing "high risk" prisoners from their cells. Signed by Magistrate Judge J. Thomas Ray on 08/06/2013. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
THOMAS STEVEN FLAHERTY,
ADC #115819
V.

PLAINTIFF

NO. 2:12CV00103 BSM/JTR

AVERY G. COX, Corporal,
East Arkansas Regional Unit, ADC

DEFENDANT

ORDER
On July 31, 2013, the Court entered an Order granting Plaintiff’s request to call
as witnesses former Supervisor Tyrone Washington, Sergeant Tammy Daniel, Deputy
Warden Richard Todd Ball and Wallace McNairy. Plaintiff indicated he wanted to call
each of these witnesses to testify about the ADC’s policy which allegedly requires
“high risk” prisoners to be removed from their cells only in the presence of a sergeant
or lieutenant. Doc. #52.
Counsel for Defendant recently notified the Court that Deputy Warden Ball and
former Supervisor Washington are in the best position to know about and offer
testimony on the ADC’s policy on removing “high risk” prisoners from their cells and
that any testimony which Sergeant Daniel and Wallace McNairy might offer on that
issue would be cumulative and unnecessary. The Court agrees. Therefore, Plaintiff
will only be allowed to call and question former Supervisor Washington and Deputy
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Warden Ball on the ADC policy on removing “high risk” prisoners from their cells.
IT IS SO ORDERED this 6th DAY OF August, 2013.

____________________________________
UNITED STATES MAGISTRATE JUDGE

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