Atchison v. Huffman
Filing
24
OPINION entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiff's Motion to Compel 19 is ALLOWED. See written order. (LB, ilcd)
E-FILED
Thursday, 02 May, 2019 05:02:22 PM
Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS, SPRINGFIELD DIVISION
THOMAS ATCHISON,
Plaintiff,
v.
LIEUTENANT HUFFMAN,
Defendant.
)
)
)
)
)
)
)
)
)
No. 18-cv-3019
OPINION
TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE:
This matter comes before the Court on Plaintiff Thomas Atchison’s
Motion to Compel (d/e 19) (Motion). For the reasons set forth below, the
Motion is ALLOWED.
BACKGROUND
Atchison alleges that he was a prisoner at the Jacksonville
Correctional Center (Jacksonville) in Jacksonville, Morgan County, Illinois.
He alleges that Defendant Lieutenant Huffman was a Correctional
Lieutenant at Jacksonville. He alleges that Huffman violated his rights
against cruel and unusual punishment when Huffman handcuffed Atchison
and slammed Atchison against a table, slammed him against a wall, and
then “violently pulled upward on Atchison’s cuffed arms as he walked
Page 1 of 4
Atchison to the segregation unit.” Complaint (d/e 1), ¶¶ 9-30. Atchison
alleges
The actions of Defendant HUFFMAN constituted unnecessary
and wanton infliction of pain and were done maliciously and
sadistically for the very purpose of causing harm, and not in
furtherance of any legitimate penological purpose, in violation of
Plaintiff's rights under the Eighth Amendment to be free from
cruel and unusual punishment, as made applicable to the states
by the Fourteenth Amendment.
Complaint, ¶ 54. Atchison seeks damages from Huffman in his personal
capacity.
On August 9, 2018, Atchison served a request to produce documents
on Huffman. Request No. 13 asks for:
13. All documents in the personnel file of Defendant-Officer
JEFFERY HUFFMAN, including all disciplinary record
documents, and any documents concerning hiring, training,
duties, performance, assignments, and mental and physical
condition.
Motion, Exhibit 2, Plaintiff’s Discovery Requests, Request for Production of
Documents, ¶ 13 (Request 13).
Plaintiff states that a third party informed him that Huffman had been
terminated from the Illinois Department of Corrections. Defendant Huffman
states that he was not discharged but is currently on a leave of absence.
Plaintiff asked Defendant to supplement his response to Request 13 with
all documents related to the investigation and suspension of Defendant
Page 2 of 4
Huffman. Defendant has refused. Plaintiff contacted Defendant to secure
the documents without resort to Court intervention but was unsuccessful.
Plaintiff, therefore, has filed this Motion.
ANALYSIS
Disciplinary records of correctional officers are discoverable because
other “bad acts” may be admissible to prove issues such as motive, intent,
lack of mistake, or modus operandi. Fed. R. Civ. P. 404(b); Lepianka v.
Village of Franklin Park, 2004 WL 626830, at *2 (N.D. Ill. March 26, 2004).
Defendant argues that evidence is not generally admissible. That
argument ignores the limited basis on which such evidence may be
admissible under Rule 404(b). In addition, admissibility is not at issue.
This is a discovery motion. A party may seek discovery of any matter that
may lead to relevant evidence and is proportional to the needs of the case.
See Fed. R. Civ. P. 26(b)(1); see e.g., Pruitt v. Knight, 2019 WL 1416726,
at *1 (S.D. Ind. March 29, 2019). The records related to any discipline
related to Huffman’s current leave of absence or suspension are relevant
and discoverable.
Huffman also argues that his personnel file is not discoverable. The
Motion does not ask for Huffman’s personnel file. The Motion asks for “an
order compelling the Defendants to produce all documents related to the
Page 3 of 4
investigation and suspension of Defendant Huffman, and any other relief
that the Court deems just and equitable.” Motion, at 3. Only the
disciplinary file related to Defendant Huffman’s current leave of absence,
suspension, or whatever the correct characterization may be of his current
status with the Illinois Department of Corrections. This information is
discoverable.
THEREFORE, IT IS ORDERED that Plaintiff Thomas Atchison’s
Motion to Compel (d/e 19) is ALLOWED. Defendant Huffman is directed to
supplement his response to Plaintiff’s Request to Produce by May 15,
2019, with all documents related to the investigation and placement of
Defendant Huffman on his current status with the Illinois Department of
Corrections, whether suspension, leave of absence, or otherwise .
ENTER: May 2, 2019
s/ Tom Schanzle-Haskins
TOM SCHANZLE-HASKINS
UNITED STATES MAGISTRATE JUDGE
Page 4 of 4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?