Kingsberry v. United States of America et al

Filing 138

ORDER GRANTING 133 Motion to Quash filed by Nurse Cruz, C/O Reynolds, Lt. Samples, United States of America, C/O Thompson, 136 Motion to Quash Subpoena filed by James Nesler. Signed by Magistrate Judge Donald G. Wilkerson on 5/15/12. (alg)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANTHONY KINGSBERRY,
Plaintiff,
v.
UNITED STATES OF AMERICA, et al.,
Defendants.

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Case No. 07-cv-00118-DGW

ORDER
Currently pending before the Court are two Motions to Quash the Subpoena served upon James
Nesler filed by Defendants United States of America, George Sample, Jon Reynolds, Marvin Thompson
and R.L. (Cruse) Reynolds and deponent James Nesler (Docs. 133, 136).
Plaintiff is attempting to depose an employee of the Bureau of Prisons who is not a party to this
action, is not an expert, and was not present at the time of the alleged assaults upon Plaintiff. James
Nesler’s name was not mentioned at any time during discovery, Plaintiff’s central file or his medical
records. Additionally, Plaintiff did not respond to any discovery requests revealing Mr. Nesler’s name.
Plaintiff has not shown that Mr. Nesler has any relevant information. Under Touhy regulations,
government officials cannot testify regarding their impressions of other employees, and any information
Mr. Nesler may have learned about other employees as a result of his official capacity is protected by the
Privacy Act, 5 U.S.C. § 552a(b).
Based upon the foregoing, the Motions to Quash the Subpoena served upon James Nesler (Docs.
133, 136) are GRANTED.
IT IS SO ORDERED.
DATED: May 15, 2012
DONALD G. WILKERSON
United States Magistrate Judge