Browder v. Kentucky State Prison Officials
Filing
77
MEMORANDUM & ORDER denying 41 Motion to Compel; denying [] Motion for Hearing; granting in part and denying in part 53 Motion to Compel. Signed by Senior Judge Thomas B. Russell on 3/13/2012. cc:counsel (KJA)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT PADUCAH
JOE A. BROWDER
PLAINTIFF
v.
CIVIL ACTION NO. 5:11CV-P29-R
PHILIP PARKER et al.
DEFENDANTS
MEMORANDUM AND ORDER
This matter is before the Court on two motions to compel by Plaintiff Joe A. Browder
(DNs 41 and 53). On November 2, 2011, the Court entered an Order directing the parties to file
discovery status reports stating whether they contended that an opposing party had failed to fully
answer any outstanding discovery request. Plaintiff filed a status report (DN 64), Defendants
Sarah Gish, Tanya Pemberton, and Scott Turnbow filed a status report (DN 67), and Defendants
Troy Belt, Joel Dunlap, Chad Knight, Cody Edmonds, Leonard Rapien, and Chanin Hiland filed
a status report (DN 65). Plaintiff then filed a supplement (DN 68) to his discovery status report
wherein he stated that the responses to his discovery requests by Defendants Belt, Knight,
Dunlap, Edmonds, Rapien, and Hiland are “woefully inadequate and all said ‘objections’ by the
defendants amount to refusals to answer and refusals to produce the requested documents and
information.” Plaintiff did not file any such supplement regarding the discovery responses of
Defendants Gish, Pemberton, and Turnbow.
A.
Defendants Gish, Pemberton, and Turnbow
Based on a review of these Defendants’ status report, it appears that they have adequately
responded to Plaintiff’s discovery requests. Accordingly, IT IS ORDERED that Plaintiff’s
motion to compel against Defendants Gish, Pemberton, and Turnbow and motion for a hearing
on his discovery requests (DN 41) are DENIED.
B.
Defendants Crank and Cramer/Connor
In Plaintiff’s motion to compel against Defendants Belt, Dunlap, Knight, Edmonds,
Rapien, and Hiland, he also asserted the motion against Defendants Crank and Cramer/Connor.
However, the docket shows that neither of these Defendants has filed an answer in this action.
They are therefore not parties before the Court, and Plaintiff cannot properly seek discovery
from them. Therefore, IT IS ORDERED that Plaintiff’s motion to compel (DN 53) is DENIED
in part to the extent that it seeks to compel discovery from Defendants Crank and
Cramer/Connor.
C.
Defendants Belt, Dunlap, Knight, Edmonds, Rapien, and Hiland
Plaintiff served these Defendants with six interrogatories and seventeen requests for
production of documents (RFPD). Of these discovery requests, these Defendants answered only
one, interrogatory number 2, answering it in part and objecting to it in part. To all other of
Plaintiff’s discovery requests as well as the portion of interrogatory number 2 to which they
objected, Defendants stated, “Objection. This [Interrogatory or Request] is vague, unduly
burdensome and seeks information which is outside the scope of this lawsuit.”
Following the initial review of the complaint pursuant to 28 U.S.C. § 1915A, the Court
allowed the following individual-capacity claims to go forward against Defendants Belt, Dunlap,
Knight, Edmonds, Rapien, and Hiland:
(1)
First Amendment retaliation claim against Defendant Edmonds, a Kentucky State
Penitentiary (KSP) officer, and Knight, a KSP lieutenant, as related to Defendant Edmonds
allegedly denying Plaintiff food and Defendant Edmonds’s and Knight’s conduct related to
planting contraband in Plaintiff’s cell and filing false disciplinary charges against him;
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(2)
First Amendment claim that Defendant Belt, KSP Internal Affairs Officer, opened
Plaintiff’s legal mail outside of his presence;
(3)
Eighth Amendment conditions-of-confinement claim against Defendant Rapien, a
KSP officer, for placing Plaintiff in a feces-ridden cell which led to health problems;
(4)
First Amendment claim of retaliation against Defendant Hiland, an Advanced
Registered Nurse Practitioner at KSP, specifically that Hiland denied him access to medical care
for his amenia in retaliation for medical grievances filed against her and her husband;
(5)
First Amendment claim against Defendant Dunlap, KSP Deputy Warden, for
retaliation, specifically that Dunlap filed a false disciplinary report against him in retaliation for
filing state declaratory judgment actions.
Information concerning Defendants
Interrogatory number 1 requests Defendants Belt, Dunlap, Knight, Edmonds, Rapien, and
Hiland to state individually his or her education, training, experience, and qualifications. The
portion of interrogatory number 2 to which Defendants objected seeks the job duties of each
Defendant. Interrogatory number 3 requests Defendants to state individually all lawsuits and
dispositions thereof filed against each Defendant, and interrogatory number 4 requests
Defendants to state individually any and all disciplinary actions taken against each defendant by
their employer or any professional association. Interrogatory number 5 requests the name and
address of all liability insurance carriers or indemnifiers for each Defendant or their employer.
RFPD number 1 requests a copy of the redacted personnel files for each of these Defendants. To
each of these discovery requests, Defendants objected on grounds they are “vague, unduly
burdensome and seeks information which is outside the scope of this lawsuit.”
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The general principles involving the proper scope of discovery are well-known. The
Federal Rules of Civil Procedure authorize extremely broad discovery. Lewis v. ACB Bus.
Servs., 135 F.3d 389, 402 (6th Cir. 1998); United States v. Leggett & Platt, Inc., 542 F.2d 655
(6th Cir. 1976). Therefore, Fed. R. Civ. P. 26 is to be liberally construed in favor of allowing
discovery. Dunn v. Midwestern Indemnity, 88 F.R.D. 191 (S.D. Oh. 1980). Federal Rule of
Civil Procedure 26(b)(1) states that “[p]arties may obtain discovery regarding any nonprivileged
matter that is relevant to any party’s claim or defense.” Information need not be admissible at
trial; information is discoverable if it “appears reasonably calculated to lead to the discovery of
admissible evidence.” Id.
Upon review, the Court finds that Defendants’ blanket objection to these discovery
requests is improper. Plaintiff’s discovery requests seeking the background, job duties,
insurance carriers, and personnel files of Defendants seek information that is discoverable. The
requests are sufficiently specific, not unduly burdensome in that they concern Defendants
themselves and are in their possession, and are not outside the scope of this lawsuit. Therefore,
the objection is unavailing, and Plaintiff’s motion to compel with respect to these discovery
requests will be granted.
Contracts
Interrogatory number 6 requests the provisions of any contracts between CorrectCare
Integrated Health, Inc. (CorrectCare) and the Kentucky Department of Corrections (KDOC), the
Kentucky Justice and Public Safety Cabinet (KJPSC), the Commonwealth of Kentucky, and/or
KSP that allow CorrectCare employees to file or initiate disciplinary actions against state
prisoners. RFPD number 6 requests a copy of each contract to provide medical services between
CorrectCare and KJPSC, KDOC, the Commonwealth of Kentucky, and/or KSP. Defendants
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object to these requests on grounds that they are “vague, unduly burdensome and seeks
information which is outside the scope of this lawsuit.”
The Court finds that these requests are sufficiently specific, not unduly burdensome, and
within the scope of discovery such that Defendants’ objection is not proper. The Court will
grant Plaintiff’s motion with respect to this interrogatory and RFPD.
Plaintiff’s medical care and grievances
RFPD number 2 requests copies of all of Plaintiff’s medical records that are in the
possession and/or control of any of the Defendants or any institution of the KDOC. Defendants
object on grounds that the request is “vague, unduly burdensome and seeks information which is
outside the scope of this lawsuit.”
Upon review, the Court finds that Plaintiff’s request for all records in the possession
and/or control of any KDOC institution is overly broad. The Court will deny Plaintiff’s motion
to compel with respect to RFPD number 2 in part and limit the request to Plaintiff’s medical
records in the possession and/or control of any Defendant for the period from March 1, 2009, to
the present.
RFPD number 3 requests copies of all of Plaintiff’s medical grievances, including
appeals at all levels, filed or pending, from March 1, 2009, until present. RFPD number 4
request copies of his administrative grievances, including appeals at all levels, which were filed
or pending, from March 1, 2009, until the present. RFPD number 5 requests copies from
Plaintiff’s correctional medical files of all medical records generated by eye doctor Ron H.
Tilford of Paducah, Kentucky to which any Defendant has access. Defendants object to these
requests on grounds that they are “vague, unduly burdensome and seeks information which is
outside the scope of this lawsuit.”
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The Court finds that these requests are sufficiently specific, not unduly burdensome in
that they are limited in time and likely within the possession of at least one of these Defendants,
and within the scope of discovery such that Defendants’ objections are not proper. The Court
will grant Plaintiff’s motion with respect to these requests.
Discipline, administrative review, classification, parole board
RFPD number 7 requests a copy of “each Corrections disciplinary report and each of my
requests for witnesses and documents pertaining thereto, each of my appeals there from as were
either initiated or were pending between the dates of March 1, 2009 to present.” RFPD number
8 requests copies of each of his administrative review forms, responses, and his appeals that
were filed or pending between March 1, 2009, and the present. RFPD number 11 requests copies
of Plaintiff’s classification hearing reports and his appeals therefrom between March 1, 2009,
and the present. RFPD number 17 requests “one copy of each Kentucky Parole Board decision
in my case from March 1, 2009 to the present; and my resident record card.”
The Court finds that these requests are sufficiently specific, not unduly burdensome as
they are limited in time and are likely in the possession of at least one of these Defendants, and
within the scope of discovery. Defendants’ objections are not proper, and the Court will grant
Plaintiff’s motion with respect to these requests.
Complaint letters
RFPD number 9 requests copies of his “letters complaining of harassment or retaliation
as were submitted to the Commissioner, Deputy Commissioner(s), and/or Ombudsman between
March 1, 2009 and the present” and which were forwarded to the Warden or Deputy Warden(s)
of KSP. RFPD number 10 requests copies of his “letters complaining of harassment or
retaliation as were submitted to the Governor’s office between March 1, 2009 and the present
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and forwarded to the Department of Corrections then to the Warden of KSP.” RFPD number 12
requests copies of Plaintiff’s “letters complaining of harassment or retaliation as were submitted
to the internal affairs officer” of KSP between March 1, 2009, and the present.
The Court finds that these requests are sufficiently specific, not unduly burdensome as
they are limited in time and are likely in the possession of at least one of these Defendants, and
within the scope of discovery. Defendants’ objections are not proper, and the Court will grant
Plaintiff’s motion with respect to these requests.
Cell placement/protective custody
RFPD number 13 requests copies of Plaintiff’s KSP cell transfer sheets reflecting his
institutional cell changes from March 1, 2009, to the present. RFPD number 14 requests copies
of each of his KSP requests for protective custody submitted between March 1, 2009, and the
present.
The Court finds that these requests are sufficiently specific, not unduly burdensome as
they are limited in time and are likely in the possession of at least one of these Defendants, and
within the scope of discovery. Defendants’ objections are not proper, and the Court will grant
Plaintiff’s motion with respect to these requests.
Hepatitis
RFPD number 15 requests one copy of each hepatitis information pamphlet made
available to prisoners of the KDOC and/or CorrectCare. RFPD number 16 requests a copy of the
current KDOC Hepatitis management protocol.
The Court did not allow a claim for failure to treat Plaintiff’s hepatitis to proceed past
initial review pursuant to 28 U.S.C. § 1915A. Therefore, Plaintiff’s requests concerning
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hepatitis information pamphlets and the hepatitis management protocol are outside the scope of
discovery. The Court will deny Plaintiff’s motion to compel as to these requests.
Conclusion
Based on the foregoing, IT IS ORDERED that Plaintiff’s motion to compel (DN 53)
against Defendants Belt, Dunlap, Knight, Edmonds, Rapien, and Hiland is GRANTED in part
and DENIED in part as follows:
Plaintiff’s motion is GRANTED as to interrogatory numbers 1, 2, 3, 4, 5, and 6 and
RFPD numbers 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 17.
Plaintiff’s motion is GRANTED in part as to RFPD number 2 to the extent that the Court
limits this request to Plaintiff’s medical records in the possession and/or control of any
Defendant for the period from March 1, 2009, to the present.
To the extent that Plaintiff’s motion seeks a hearing regarding these discovery requests, it
is DENIED as moot.
These Defendants must provide individualized responses to each discovery request
as directed above within 30 days of the entry date of this Order. Should these Defendants
have a good faith, factually and legally applicable objection to a particular request, they remain
free to assert such objection. However, blanket objections to all discovery requests and a
complete refusal to answer discovery requests will not be tolerated.
Date:
March 13, 2012
cc:
Plaintiff, pro se
Counsel of record
4413.010
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