Villareal v. County of Fresno

Filing 295

ORDER GRANTING Plaintiff's 267 Motion for the attendance of incarcerated witness Kristy Flores, signed by District Judge Ana de Alba on 10/27/2022. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELAINE K. VILLAREAL,

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Plaintiff,

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v.
COUNTY OF FRESNO,

No. 1:15-CV-01410-ADA-EPG
ORDER GRANTING PLAINTIFF’S MOTION
FOR ATTENDANCE OF INCARCERATED
WITNESS KRISTY FLORES
(ECF. No. 267)

Defendant.

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This action is proceeding against Defendant County of Fresno (“Defendant”) on Plaintiff’s

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Eighth Amendment claim challenging the conditions of confinement based on the alleged lack of

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access to sufficient exercise. (ECF Nos. 146, 217.) The trial is currently scheduled for

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November 8, 2022. (ECF No. 238.) Although the deadline to file motions for attendance of

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incarcerated witnesses has passed, upon Plaintiff’s request, the Court directed Plaintiff to file a

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motion for attendance of incarcerated witness Kristy Flores during the status conference on

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October 19, 2022. On October 20, 2022, Plaintiff filed such motion. (ECF No. 267.) On

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October 25, 2022, Defendant filed an opposition to Plaintiff’s motion. (ECF No. 273.)

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In her motion, Plaintiff requests that the Court either (1) permit Kristy Flores to testify by

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live videoconference or (2) issue a writ of habeas corpus ad testificandum because she is

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incarcerated in a transitional housing residence in Stockton. (ECF No. 267 at 1.) Plaintiff relies

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on the factors set forth in Wiggins v. County of Alameda, 717 F.2d 466 (9th Cir. 1983): (1)
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whether the inmate’s presence will substantially further the resolution of the case; (2) the security

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risks presented by the inmate’s presence; (3) the expense of transportation and security; and (4)

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whether the suit can be stayed until the inmate is released without prejudice to the cause asserted.

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Id. at 468 n.1. Plaintiff explains that Ms. Flores recollects the events inside the South Annex Jail

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that are subject of this action. (ECF No. 267 at 2.) Plaintiff further asserts that Ms. Flores

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presents no security risks and that the expenses for transportation and security are minimal. (Id.)

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Therefore, Plaintiff urges the Court to grant her motion for attendance of Ms. Flores.

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In opposition of Plaintiff’s motion, Defendant argues that Plaintiff fails to make a

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particularized showing as to the need for Ms. Flores’s testimony. (ECF No. 273 at 2.) Defendant

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notes that Plaintiff simply states that Ms. Flores’s testimony will “substantially further the

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resolution of the case” and that she has “demonstrated . . . that she has a recollection of the

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events” relevant to Plaintiff’s case. (ECF No. 267 at 2, 4.) Defendants cite to Walker v. Sumner,

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14 F.3d 1415 (9th Cir. 19994) to support denying Plaintiff’s motion. In Walker, the court

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declined to order the writ because the plaintiff refused to indicate what the witness would testify,

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which prevented the court to ascertain the importance of the witness’s testimony. Id. at 1422.

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The court further concluded that the inconvenience and expense of transporting him would

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outweigh any benefit he would provide. Id.

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In the event the Court grants Plaintiff’s motion, Defendant requests that the Court issue

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the writ of habeas corpus ad testificandum for Ms. Flores to testify in person. (ECF No. 273 at 3.)

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Pursuant to Federal Rule of Civil Procedure 43(a), Defendant argues that neither good cause nor

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compelling circumstances exist to permit Ms. Flores to testify via videoconference. (Id.)

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Defendant contends conducting the testimony via Zoom would severely prejudice Defendant

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because the jury would be unable to make observations and assessments regarding Ms. Flores’s

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testimony. (Id.)

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While Plaintiff’s assertions are somewhat vague and conclusory as to the importance of

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Ms. Flores’s testimony, the Court grants Plaintiff’s motion for attendance of Ms. Flores.

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Plaintiff’s counsel explains that Ms. Flores’s testimony would not be duplicative of other

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witnesses’ testimonies. (ECF No. 267 at 6.) Additionally, Plaintiff’s counsel asserts that Ms.
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Flores is “one of the inmates who filed grievances regarding the conditions of SAJ.” (Id.)

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Because this is a Monell case, Plaintiff emphasizes the importance of Ms. Flores’s testimony,

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along with three other witnesses, to support that Defendant has a “longstanding, widespread, or

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well-settled” policy of preventing inmates from exercising the minimum of three hours a week.

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(Id.) Because Ms. Flores’s testimony may substantially further the resolution of the case, the

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Court grants Plaintiff’s motion for Ms. Flores’ attendance at trial. The Court finds that the other

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Wiggins factors support granting Plaintiff’s motion. The Court further recognizes the possible

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prejudice against Defendant if Ms. Flores testifies via videoconference, so the Court further

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orders a writ of habeas corpus ad testificandum to bring Ms. Flores to court to testify at trial.

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Accordingly,
1. Plaintiff’s motion for attendance of incarcerated witness, (ECF No. 267), is GRANTED;
and
2. The Court will, in due course, issue a writ of habeas corpus ad testificandum to have
Kristy Flores, No. WG7864, brought to court to testify at the trial.

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IT IS SO ORDERED.

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Dated:

October 27, 2022
UNITED STATES DISTRICT JUDGE

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