Amaya v. Butler et al

Filing 145

ORDER re 144 Discovery Dispute Conference: Defendants shall supplement their response to Plaintiff's second supplemental request for production of documents by 10/29/2020. Status Conference set for 11/5/2020 at 9:30 AM via telephone before Magistrate Judge Reona J. Daly. The parties should call Judge Daly's conference line at 618-439-7731 to join the call. Signed by Magistrate Judge Reona J. Daly on 9/29/2020. (nmf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DANIEL AMAYA,
Plaintiff,
v.
KIMBERLY BUTER, et al.,
Defendants.

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Case No.

16-cv-1390-RJD

ORDER
DALY, Magistrate Judge:
The Court held a discovery dispute conference in this matter on September 28, 2020
concerning Defendants’ first supplemental response and objection to Plaintiff’s second
supplemental request for production of documents.
The request at issue seeks “[a]ny and all Internal Affairs investigations at Menard
Correctional Center about and concerning a grievance/complaint by a prisoner against Special
Operations Response Team (“SORT”) officer(s) during a SORT shakedown at Menard
Correctional Center (such as the one that occurred on April 1, 2016), where the prisoner could not
identify the particular SORT officer(s) who committed the alleged offense from any dates between
April 1, 2014 to March 30, 2016.
Defendants objected to the request on the basis of relevancy, breadth, and proportionality.
Defendants also assert that the reports sought are not maintained by topic and, as such, a search
would be unduly burdensome. Defendants also indicate that incident reports and internal affairs
reports may include medical and/or disciplinary information regarding other inmates.
Federal Rule of Civil Procedure 26(b)(1) provides that parties may obtain discovery
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regarding any nonprivileged matter that is relevant to any party’s claim or defense and
proportional to the needs of the case. In consideration of the relevant factors included in Rule
26(b)(1), the Court finds the discovery sought by Plaintiff is relevant to his claims, particularly
those set forth in Count Two of the Third Amended Complaint.

Although the Court

acknowledges the IDOC’s record system as it relates to Internal Affairs investigations does not
lend itself to an effortless search, such concern does not lie with the Court or Plaintiff, particularly
because Plaintiff has appropriately limited the scope of the search to just two years. Accordingly,
Defendants’ objections are OVERRULED and Defendants shall produce documents of internal
affairs investigations concerning shakedowns conducted by SORT indicating the inmate could not
identify the SORT officer by name. Defendants shall produce these documents by October 29,
2020. Defendants shall redact such documents where appropriate. If Plaintiff believes the
redactions are inappropriate, he should notify the Court.
In light of this Order, the discovery and dispositive motion deadlines are VACATED.
This matter is set for a status conference on November 5, 2020 at 9:30 a.m. The parties should
call Judge Daly’s conference line at 618-439-7731 to join the call. The purpose of the call is to
discuss the entry of an amended scheduling order.
IT IS SO ORDERED.
DATED: September 29, 2020
s/ Reona J. Daly
Hon. Reona J. Daly
United States Magistrate Judge

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