Lamb v. Bailey et al
Filing
17
MEMORANDUM OPINION AND ORDER by Magistrate Judge Lanny King on 2/10/2017 - 13 Plaintiff's Motion to Compel is DENIED. cc: Plaintiff-pro se(DAK)
AMOS WARREN LAMB
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
PADUCAH DIVISION
CIVIL ACTION NO. 5:16‐CV‐00123‐TBR‐LLK
PLAINTIFF
DEFENDANTS
v.
DAVID BAILEY and
CALLOWAY COUNTY SHERIFF’S OFFICE
MEMORANDUM OPINION AND ORDER
This matter is before the Court on the pro‐se Plaintiff’s motion to compel responses to
interrogatories and production of documents, to which Defendants have responded in opposition.
Dockets 13 and 16. The Court referred this case to the undersigned Magistrate Judge for ruling on all
discovery motions (Docket 8), and the motion to compel is ripe for determination.
For the reasons stated below, the motion to compel will be DENIED.
Background facts and procedural history
This is a civil rights action pursuant to 42 U.S.C. 1983 against Murray Police Officer David Bailey
and the Calloway County Sheriff’s Office.
The Court construes the pro‐se complaint as alleging1 that, on or about August 15, 2015,
Defendant Bailey, without probable cause, conducted a stop, arrested Plaintiff, and transported him to
the Calloway County Detention Center in violation of Plaintiff’s Fourth Amendment right to be free from
unreasonable searches and seizures.2
1
The complaint’s allegations are: “ON OR ABOUT 08‐15‐2015 this Plaintiff was arrested on false felony charges
among other charges, & brought to the Calloway county Detention facility, Because of an unlawful stop by the
Defendant Deputy Bailey. SEE Exhibit A (All charges were dismiss as of 09‐30‐2015.) see Exhibit C.” Docket 1, p. 2.
2
Beyond this bare‐bones interpretation, it is difficult to tell the precise nature and context (in relation to the prior
action) of Plaintiff’s claims. See Lamb v. Hazel, 5:12‐CV‐00070‐TBR‐LLK.
1
Discussion
The parties dispute whether Plaintiff is entitled to discovery of the following:
Plaintiff’s Interrogatory No. 1: Defendant Bailey’s Social Security Number and date of birth.
Plaintiff’s Interrogatory No. 10: Whether Bailey has ever had a mental evaluation and, if so,
details of the outcome.
Plaintiff’s Request for Production No. 2: Produce Bailey’s mental evaluation records.
(Docket 13‐1).
Federal Rules of Civil Procedure (Fed.R.Civ.P.) 26(b)(1) allows “discovery regarding any non‐
privileged matter that is relevant to any party's claim or defenses,” or for good cause, “discovery of any
matter relevant to the subject matter involved in the action.”
Interrogatory No. 1
Bailey’s Social Security Number and birthdate are not relevant to any claim or defense in this case,
and they are not relevant to the subject matter of this case, i.e., Plaintiff’s stop, arrest, and transport to
the Calloway County Detention Center.
Alternatively, even if Bailey’s Social Security Number and birthdate would somehow help Plaintiff
establish his claims, the requested discovery is oppressive in light of the sensitive nature of this private
identifying information. See Surles v. Greyhound Lines, Inc., 474 F.3d 288, 305 (6th Cir.2007) (“Although
a plaintiff should not be denied access to information necessary to establish her claim, neither may a
plaintiff be permitted to go fishing and a trial court retains discretion to determine that a discovery
request is too broad and oppressive”); Jackson v. Papa John’s USA, Inc., 2009 WL 1011105 (Social
Security numbers are “of a highly personal and confidential nature [and harm] can flow from
disclosures”); Tech v. United States, 284 F.R.D. 192 (M.D.Penn.2012) (collecting authorities for the
proposition that “[f]ederal courts have been reluctant to require production of social security numbers
given the sensitive nature of this private identifying information”).
2
Interrogatory No. 10 and Request for Production No. 2
Bailey’s mental‐health records, if any, are privileged,3 not relevant to any claim or defense in this
case, and not relevant to the subject matter of this case, i.e., Plaintiff’s stop, arrest, and transport to the
Calloway County Detention Center. In evaluating a Fourth‐Amendment unconstitutional detention and
arrest claim, the touchstone of the analysis is whether there was probable cause for the detention and
arrest. This, in turn, depends on the surrounding objective facts and circumstances. The subjective
intent of the arresting officer is irrelevant. Whren v. United States, 517 U.S. 806, 813 (1996).
Order
Therefore, Plaintiff’s motion to compel (Docket 13) is hereby DENIED.
February 10, 2017
cc: pro se Plaintiff
3
This is not a case in which a plaintiff has arguably waived privilege regarding his mental‐health records by virtue
of his voluntarily suing a defendant and alleging mental damages. Compare Simon v. Cook, 261 Fed.Appx. 873 (6th
Cir.2008) (“[A] plaintiff waives the psychotherapist‐patient privilege by placing his or her medical condition at
issue”).
3
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