Rice v. Blankenship et al

Filing 55

ORDER denying 53 Motion to Compel. Signed by Chief Judge J. Leon Holmes on 2/23/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
LEON JACKSON RICE, JR.
ADC #98901
v.

PLAINTIFF

No. 4:11CV00088 JLH

G. BLANKENSHIP, Officer,
North Little Rock Police Department, et al.

DEFENDANTS
ORDER

Leon Jackson Rice, Jr., has filed a motion to compel the defendants to produce a video
recording of events that occurred at the Pulaski County Detention Center. According to the
defendants, they do not have the video recording because the recording took place at a facility
owned and operated by Pulaski County, not by a facility owned and operated by the City of North
Little Rock. Rice has submitted a Freedom of Information Act request to Pulaski County seeking
a copy of the recording. The Pulaski County Sheriff’s Office has responded, stating that the
recording has been lost because the hard drive on the video equipment “crashed.”
The Court cannot compel the defendants to produce a recording that they do not have and
that no longer exists. Therefore, the motion to compel is denied. Document #53.
IT IS SO ORDERED this 23rd day of February, 2012.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE