Short v. Tallant et al
ORDER granting 18 Motion to Compel. Plaintiff is ordered to answer Plaintiff's Interrogatory No. 4 within thirty (30) days of the date of this Order. Signed by Honorable Barry A. Bryant on January 12, 2017. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
JASON DEAN SHORT
Civil No. 4:16-cv-04080
NURSE SHANNON TALLANT;
DR. ANGIE MARTIN; JAIL
ADMINISTRATOR CHRIS WOLCOTT;
and DETENTION OFFICER ANGELA
Plaintiff Jason Short proceeds in this matter pro se and in forma pauperis pursuant to 42
U.S.C. § 1983. Before the Court is Plaintiff’s Motion to Compel. ECF No. 18. Defendants have
filed a Response. ECF No 19.
Pursuant to Federal Rule of Civil Procedure 26(b)(1) parties may obtain discovery
regarding any non-privileged matter that is relevant to any party’s claim or defense. For good
cause, the court may order discovery of any matter relevant to the subject matter involved in the
action. Relevant information need not be admissible at the trial if the discovery appears reasonably
calculated to lead to the discovery of admissible evidence. An evasive or incomplete disclosure,
answer or response must be treated as a failure to disclose, answer, or respond. Fed. R. Civ. P.
Plaintiff’s Interrogatory No. 4 propounded to Defendants specifically states: “Seeing how
the jails health care provider is not providing me with thorough treatment I asked to go to different
doctor and the jail says I have to pay for it because they ain’t allowed on tribal land I have no
insurance because I’m indian medical is free and if they can’t take me to Oklahoma then why can’t
they pay? Seeing how I am in the sheriffs custody.” ECF No.19-1. Defendants responded to
Interrogatory No. 4 as follows: “The Defendants do not have any authority over inmates when
taken to tribal lands.” ECF No. 19-1. Defendants did not object to Plaintiff’s request as to why
they will not pay for Plaintiff’s medical treatment nor did they answer the interrogatory on this
issue. As a result, Defendants’ answer to Interrogatory No. 4 is evasive and must be considered a
failure to respond.
Accordingly, Plaintiff’s Motion to Compel (ECF No. 18) is GRANTED. Defendants are
ordered to answer Plaintiff’s Interrogatory No. 4 as to why they will not pay for Plaintiff’s medical
care within thirty (30) days of the date of this Order. The Court will not order Defendants to pay
any costs to Plaintiff associated with his Motion to Compel.
IT IS SO ORDERED this 12th day of January 2017.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE
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