Johnson v. United States of America et al

Filing 278

Order by Hon. James Donato denying 256 Motion for Reconsideration. (jdlc1S, COURT STAFF) (Filed on 4/5/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES ELLIS JOHNSON,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 13-cv-02405-JD
ORDER

v.

Re: Dkt. No. 256
UNITED STATES OF AMERICA,
Defendant.

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On March 28, 2016, the Court ordered the San Francisco Sheriff’s Department to provide a

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statement “confirming that a copy of each and every photograph taken” of plaintiff James Johnson

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pursuant to his arrest on January 30, 2012 was provided to the San Francisco City Attorney’s

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Office. Dkt. No. 271. The Court further required that a deputy city attorney “should then confirm

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that all of those photos were produced to Johnson.” Id.

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In response, Freya Horne, Legal Counsel for the San Francisco Sheriff’s Office, declared

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that when her office “requested photos to be provided in response to this request, we were able to

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locate three mug shot photos, and the photo on the housing card.” Dkt. No. 275 ¶ 3. She states

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she has “no reason to believe that any photos were destroyed or erased.” Id. As far as she is

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aware, “the Department has no way of changing or cropping photos taken during intake, and no

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one change[d] or altered the photos in any way before providing them to me for production to the

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City Attorney’s office.” Id. ¶ 4. She reports that a supervisor at the County Jail checked the

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system in March 2016 and did not find any additional photos of Johnson. Id. ¶ 4.

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Deputy City Attorney Margaret Baumgartner confirms that all four photos found by the
Sheriff’s Department were provided to Plaintiff “without modification.” Dkt. No. 274.

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These representations are sufficient to close the matter. Plaintiff’s request for

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reconsideration of Judge Vadas’ February 26, 2016 discovery order is denied. See Dkt. No. 256.

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IT IS SO ORDERED.

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Dated: April 5, 2016

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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