Roberts v. Hobbs et al

Filing 148

ORDER re 142 Order. The newly produced records attached to this Order will not be admitted into evidence, nor may they be used for impeachment. This ruling is without prejudice to the defts' revisiting the issue. Roberts will not be allowed to cross-examine witnesses about the lack of additional sanitation logs and rosters. Signed by Judge D. P. Marshall Jr. on 3/7/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

BRUNSON ROBERTS,
ADC #127841
v.

PLAINTIFF
No. 5:10-cv-174-DPM
DEFENDANTS

RODERICK JOHNSON and RICKY WEBB

ORDER
For the reasons stated on the record at the end of the 6 March 2013
telephone hearing, the newly produced records, Document No. 142, at 3-20,
will not be admitted in evidence. They may not be used for impeachment
either; they are rebuttal evidence, which likewise should have been produced
sooner. This last ruling, though, is without prejudice to the Defendants'
revisiting the issue if they find authority beyond Harris and like cases. Given
the inadvertent failure to produce the records earlier, and the fact that they do
exist, Roberts will not be allowed to cross-examine witnesses about the lack
of additional sanitation logs and rosters.
So Ordered.

D.P. MarBhalif;'
United States District Judge
7March2013