Allen v. Lawrence et al

Filing 86

ORDER directing Plaintiff to file on or before 8/25/2017 a Supplemental Witness List that (1) Provides the full names of the two mental health professionals he wants the Court to subpoena; (2) explains the testimony he expects from both mental heal th professionals and how that expected testimony is relevant to his excessive force claim; (3) states whether he wishes to call Officer Myketa Taylor as a witness; and (4) provides the full name of the other "Officer Taylor" he would like to call as a witness. Signed by Magistrate Judge J. Thomas Ray on 8/16/2017. (jak)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

STEVEN MARQUELL DESHUN ALLEN
V.

PLAINTIFF

3:15CV00248 BSM/JTR

MIKE LAWRENCE, Sergeant,
Craighead County Detention Center

DEFENDANT

ORDER
Plaintiff, who is no longer in custody, has filed a Witness List asking the Court
to subpoena several non-party witnesses to testify on his behalf during the September
13, 2017 Evidentiary Hearing/Bench Trial. Doc. 85.
First, Plaintiff asks the Court to subpoena Defendant Mike Lawrence, Officer
Taylor Iglehort, Officer Sean Calaway, Officer Derek Phillips, and Officer Jacob
Saffell. It is unnecessary for the Court to do so because Defendants have orally
agreed to make arrangements for those five individuals to be at the Evidentiary
Hearing/Bench Trial.
Next, Plaintiff asks the Court to subpoena two mental health professionals
from Mid-South Health Systems in Jonesboro. However, he has not provided the
name of either mental health professional.

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Instead, Plaintiff directs the Court's

attention to paperwork from Mid-South Health Systems that includes the mental
health professional's illegible signatures. Id. at 3 & 4.
Finally, Plaintiff also asks the Court to subpoena two "Officer Taylors," who
allegedly worked at the Craighead County Detention Center. The only information
Plaintiff has provided about these two individuals is that "one is black and the other
is white." Doc. 85 at 2. Defendant has informed the Court that he believes Myketa
Taylor is one of the "Officer Taylors" mentioned by Plaintiff, but he does not know
the identity of the other individual.
It is Plaintiff's responsibility to determine the full and proper names of the
witnesses he would like to call during the Evidentiary Hearing/Bench Trial and to
promptly provide that information to the Court. If he fails to timely and properly do
so, Plaintiff will not be able to have the mental health professionals and the
unspecified Officer Taylors testify during the Evidentiary Hearing/Bench Trial.
IT IS THEREFORE ORDERED THAT Plaintiff must file, on or before
August 25, 2017, a Supplemental Witness List that: (1) provides the full names of
the two mental health professionals he wants the Court to subpoena; (2) explains the
testimony he expects from both mental health professionals and how that expected
testimony is relevant to his excessive force claim; (3) states whether he wishes to
call Officer Myketa Taylor as a witness; and (4) provides the full name of the other
"Officer Taylor" he would like to call as a witness.
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Dated this 16th day of August, 2017.

___________________________________
UNITED STATES MAGISTRATE JUDGE

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