Tatum v. Mitchell et al
ORDER granting in part and denying in part 64 and 70 Motions to Compel. Signed by Judge D. P. Marshall Jr. on 7/14/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ADC # 143961
MITCHELL, Sergeant, EARU, ADC;
BRYANT PHILLIPS, Officer, EARU,
ADC; BROOKS, Lieutenant, EARU,
ADC; and MICHAEL T. HUMPHREY,
Shift Supervisor, EARU, ADC
In this prose§ 1983 action, Tatum alleges that defendants used excessive
force on him and were deliberately indifferent to his medical needs. Tatum
has filed two motions asking the Court to compel Phillips and Humphrey to
provide him with certain information and documents. The Court takes each
request in order.
First motion to compel, NQ 64:
Request for production 1.
Tatum requests all recorded
statements regarding the alleged assault on him. This request is
overly broad and would pose a danger to witnesses who may
have made statements. This portion of his motion is denied.
Request for production 2.
Tatum requests documentation
relating to the Internal Affairs investigation of the incident at
issue. The Court directs Defendants to allow Tatum to view or
listen to documents relating to their investigation of the incident.
Defendants may redact portions of the documents to protect the
privacy and safety of inmates, employees, and others. This
portion of the motion is granted as modified.
Request for production 3. The Court directs Defendants to
provide Tatum with a copy of the photograph of his black eye, if
one exists. This portion of the motion is granted.
Request for production 4. Defendants have agreed to allow
Tatum to obtain copies of all ADC policies by visiting his unit's
library. This portion of the motion is granted by agreement.
Request for production 5. Tatum requests personnel information
about an ADC employee. Defendants object. The Court agrees
with Defendants. This portion of the motion is denied.
Request for production 6. Tatum requests his entire medical file.
Defendants have agreed to allow Tatum to view his medical file
by submitting a request at his unit.
The Court finds this
sufficient. This portion of the motion is granted by agreement.
Second motion to compel, NQ 70:
Personal information about ADC employees. Tatum requests
the names and contact information of ADC employees.
Defendants object saying the release of this information would
jeopardize the privacy and safety of its employees. The Court
agrees. This portion of the discovery request is denied.
ADC policies. Tatum requests the ADC' s policies for inmates
who are assaulted. Defendants will allow Tatum to obtain copies
of all ADC policies by visiting his unit's library. This portion of
the motion is granted by agreement.
Phillips's work schedule. Tatum requests Phillips's work
schedule and duties on 26 November 2010. Phillips objects. The
Court orders Phillips to respond to Tatum's request in the form
of a written answer. When did Phillips work on 26 November
2010? And what were his duties that day? This portion of the
motion is granted as modified.
Humphrey's work schedule. Tatum requests Humphrey's work
schedule for November and December 2010. Defendants say that
This answer is sufficient. This portion of the motion is denied.
Tatum requests the video surveillance
footage from the morning of 26 November 2010 for Max Unit 6,
Cellll. Defendants object to giving Tatum a copy of the video,
but have agreed to preserve any video footage for trial. The Court
directs Defendants to do so and make arrangements for Tatum to
view the video footage. This portion of the motion is granted as
Motions, NQ 64 & 70, granted in part and denied in part.
D.P. Marshall Jr. 7/
United States District Judge
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