Brown v. Moore et al

Filing 27

ORDER granting in part 22 the Plaintiff's Motion to Compel. Jail Administrator Jason Day is directed to provide the Court with information as set forth in this Order, This information should be provided to the Court by September 13, 2013. Further the Defendants are dircted to file a summary judgent motion by November 15, 2013. Signed by Honorable James R. Marschewski on August 26, 2013. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
DANIEL RAY BROWN
v.

PLAINTIFF
Civil No. 13-3049

SHERIFF MIKE MOORE; JAIL
ADMINISTRATOR JASON DAY;
and JAILER BOBBY ENGALLS

DEFENDANTS

ORDER
Pending before me for decision are a motion to compel (Doc. 22) and a motion for access
to a law library (Doc. 26). Both motions were filed by the Plaintiff.
In the motion to compel (Doc. 22), Plaintiff states he requested a copy of the “Jail
Standards” and Defendants have objected. Defendants objected stating that:
Objection. Interrogatory No. 5 is overly broad, unduly burdensome, and not
reasonably calculated to lead to discoverable material. To the extent Plaintiff is
requesting relevant policies and procedures of the Boone County Detention Center,
please identify which policies and procedures you are requesting or which Jail
Standard you are requesting.
(Doc. 24).
The motion to compel (Doc. 22) is granted. It seems clear to the Court that Plaintiff is
seeking a copy of the Jail Standards published by the Criminal Detention Facility Review
Commission. Without having access to at least the table of contents, Plaintiff has no way of
identifying the specific standards he is seeking. Defendants are directed to provide Plaintiff with
the Jail Standards in effect during his incarceration. This information should be provided by
September 13, 2013.

-1-

AO72A
(Rev. 8/82)

Next, Plaintiff seeks a court order to be provided with a law library (Doc. 26). He indicates
he has been denied access. The motion (Doc. 26) is granted in part. Jail Administrator Jason Day
is directed to provide the Court with the following information: (1) whether Boone County has a
law library or legal materials for the use of detainees; (2) what legal materials are available to
detainees; (3) how detainees seek access to the law library or legal materials; (4) who is
responsible for granting or denying requests for such access; and (5) the reason Plaintiff has been
denied access to such materials. This information should be provided to the Court by September
13, 2013.
Finally, the Defendants are directed to file a summary judgment motion by November
15, 2013. Once the motion is filed, Plaintiff will be asked to verify his receipt of the motion and
notify the Court of how he intends to respond.
IT IS SO ORDERED this 26th day of August 2013.

/s/

J. Marschewski

HON. JAMES R. MARSCHEWSKI
CHIEF UNITED STATES MAGISTRATE JUDGE

-2-

AO72A
(Rev. 8/82)