Robinson v. Johnson et al

Filing 80

ORDER: The Court directs the defendants to provide an explanation by 12/18/2013 as to why 72 the video footage of the incident was filed under seal. Robinson has not seen the video footage of the incident. Defendants must give Robinson the opportunity to watch the footage of the incident at least twice, and make notes by 12/31/2013. Robinson may supplement his objection by 01/15/2014. 79 77] Signed by Judge D. P. Marshall Jr. on 12/13/2013. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ANDREW DOMINIC ROBINSON
ADC# 652013

v.

PLAINTIFF

No. 5:10-cv-322-DPM-JJV

RODERICK JOHNSON, Lt.,Varner Super Max, ADC;
ANTWON EMSWELLER, Lt., Varner Super Max, ADC;
CHRISTOPHER SHERRILL, Sgt.,Varner Super Max, ADC;
BRIAN PERKINS, Sgt.,Varner Super Max, ADC;
TONDA SPENCER, Sgt.,Varner Super Max, ADC;
MICHELLE RUCKER, Sgt.,Varner Super Max, ADC; and
MERTHA JASPER, Sgt.,Varner Super Max, ADC
DEFENDANTS

ORDER
The

Court

is

considering

Magistrate

Judge

Volpe's

latest

recommendation, NQ 77, and Robinson's objections, NQ 79, on the excessiveforce claim. The Court notes that the video footage of the incident was filed
under seal. NQ 72. Why under seal? Defendants' explanation is due by 18
December 2013. In any event, the Court assumed, wrongly it turns out, that
Robinson had seen the video. He says he hasn't. NQ 79 at 1-2. Defendants
must give Robinson the opportunity to watch the footage of the incident at
least twice, and make notes, by 31 December 2013. He is entitled to see and
respond to all matters of record, including the video footage. Robinson may

supplement his objection (limited solely to any points he wants to make about
the video) by 15 January 2014.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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