Saad et al v. Dearborn Heights, City of et al
Filing
38
ORDER granting in part and denying in part 24 Motion to Compel. Signed by Magistrate Judge Mark A. Randon. (Miles, M)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOSEPH SAAD, Individually, ZIHRA SAAD,
Individually,
Plaintiffs,
v.
CASE N0: 2:11-cv-10103-SJM-MAR
HON. PATRICK J. DUGGAN
MAGISTRATE JUDGE MARK A. RANDON
CITY OF DEARBORN HEIGHTS, SCOTT
KELLER, Individually and in his official
capacity; CARRIE CATES, Individually and
in her official capacity; RESERVE OFFICER
NASON, Individually and in his official capacity;
GREG GONDEK, Individually and in his
official capacity; JERRY SKELTON, individually
and in his official capacity; and JOHN DOE
OFFICERS I-XXX, Individually and in their
official capacities,
Defendants.
_____________________________________________/
ORDER GRANTING IN PART/DENYING IN PART PLAINTIFFS' MOTION TO
COMPEL (DKT NO. 24) AND GRANTING DEFENDANTS COUNTER-MOTION
FOR PROTECTIVE ORDER (DKT. NO 32).
This matter is before the Court on Plaintiffs’ motion to compel discovery (Dkt No. 24), and
Defendants’ response and counter-motion for a protective order (Dkt No. 32). The Court having
reviewed Plaintiffs’ motion and Defendants’ response and counter-motion, and being otherwise fully
advised following a hearing on November 17, 2011:
IT IS ORDERED that Defendant, the City of Dearborn Heights, shall produce, in redacted
form revealing only factual information, the two citizen complaints against Officer Keller, within
fourteen (14) days of the entry of this Order.
IT IS FURTHER ORDERED that Defendants shall produce the insurance policy identified
in their prior discovery responses.
IT IS FURTHER ORDER that Defendant, the City of Dearborn Heights, shall state, as part
of its documents production regarding the citizen complaints, that no other citizen complaints exist,
and that in the event any citizen complaints are subsequently discovered, those will also be produced
in accordance with the obligation to supplement discovery responses.
IT IS FURTHER ORDERED that Defendant, the City of Dearborn Heights, request for a
protective order is granted, and the City of Dearborn Heights shall produce only those Police
Department Policies and Procedures, designated by Plaintiffs at the November 17, 2011 hearing,
within fourteen (14) days from the entry of this Order, subject to the following terms and conditions:
1.
Production of the policies and procedures of the Dearborn Heights Police Department
does not constitute a waiver of Defendants’ objections to their use, applicability or admissibility in
this litigation or any other litigation.
2.
The production of the policies and procedures of the Dearborn Heights Police
Department is for discovery purposes in this litigation only, shall be maintained in confidence by
counsel, except as set forth in Paragraph 4, and shall be used only for the purpose of this litigation
and no other purpose.
3.
The production of the policies and procedures of the Dearborn Heights Police
Department does not waive or limit Defendants’ ability to pursue subsequent motions in limine,
motion for protective order, or motion for summary judgment regarding these documents, their
applicability or admissibility in this litigation or any other litigation.
4.
The policies and procedures of the Dearborn Heights Police Department may be used
as necessary by Plaintiff's Counsel in this case, including at depositions, filings with the court, court
proceedings and at trial to the extent admissible. Plaintiff's Counsel may also disclose such
1
information to his staff, to Plaintiff, and to expert witnesses in this litigation. Plaintiff's Counsel shall
advise such individuals of the substance of this Protective Order and that they are bound by its terms.
5.
Plaintiff, her attorneys, and experts are bound by these terms through stipulation of
Plaintiff’s counsel to this Order and each agrees that all copies are to be returned to counsel for the
City of Dearborn Heights by plaintiff’s attorney upon conclusion of this litigation, including all
appeals.
s/Mark A. Randon
Mark A. Randon
United States Magistrate Judge
Dated: November 30, 2011
APPROVED AS TO FORM:
By: with consent of /n/hadous
By: /p/sturdy (57466)
NEMER N. HADOUS, for Plaintiffs
PATRICK R. STURDY (P57466) for Defendants
Certificate of Service
I hereby certify that a copy of the foregoing document was served on the parties of record on this date,
November 30, 2011, electronically.
s/Melody R. Miles
Case Manager to Magistrate Judge Mark A. Randon
(313) 234-5542
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EXHIBIT A
NOVEMBER 17, 2011, DESIGNATED LIST OF DEARBORN HEIGHTS
POLICE DEPARTMENT’S POLICIES AND PROCEDURES
Chapter 1: Administration & Organization
Section 1.
Section 2.
Section 3.
Section 4.
Organization
Job Responsibilities
Organizational Chart
Issuance of Orders
Chapter 2: General Duty Responsibilities
Section 1.
Section 2.
Section 3.
Section 4.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Section 21.
Section 22.
Section 24.
Section 25.
Section 26.
Section 27.
Section 28.
General Responsibilities
Duty Responsibilities
Accountability
Assuming Responsibility
Transportation of Prisoners
Patrol Vehicle Crews to Occupant Front Seat
Crime and Accident Investigation
Writing Report When Necessary
Service Reporting
Enforcement of City Ordinances
Patrol Response
Patrol Unit Personnel
Emergency Transportation
Operation of Patrol Units
Care of Patrol Units
Care of Department Property
Chapter 3: Personal Conduct
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
General Conduct
Chain of Command
Truthfulness
Respect Toward Other Members
Obedience to Orders
Unlawful Orders
Obedience to Unlawful Orders
Obedience to Unjust or Improper Orders
Page 1 of 3
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
Conflicting Orders
Insubordination
Condemning Orders
Criticism of City or Department
Criticism of Officers
Section 14.
Section 15.
Section 16.
Section 17.
Section 32.
Section 33.
Section 34.
Section 35.
Section 36.
Section 37.
Section 41.
Section 42.
Section 43.
Section 46.
Obedience of Laws and Regulations
Misconduct Toward Prisoners
Availability While On Duty
Official Information
Wilful Disobedience of Rules, Orders, Policy or Procedures
Conduct Unbecoming an Officer
Disrespect to a Superior Officer
Neglect of Duty
Inattention to Duty
Incompetence
Ignorance of Rules, Regulations, Policy or Procedures
Failure to Report Known Violation
Seizing Property
Abuse of Authority
Chapter 4: Disciplinary Procedures
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Persons Subject to Disciplinary Action
Departmental Authority to Discipline
Emergency Suspensions
Initiation of Disciplinary Process
Elements of a Report on Reprimand
Distribution of Report on Reprimand
Departmental Investigations
Interfering With Disciplinary Process or Departmental Investigation
Establishing Elements of Violation
Disposition Reports
Chapter 5: Station and Supervisory Policies
Internal Affairs Management
Notification for Critical Incident
Warrant Arrests
Chapter 7: Officer Response Policies
Domestic Violence Response
Page 2 of 3
Reporting Nuisance Alarm Complaints
Response to Aggression/Resistance (Use of Force)
Chapter 9: Electronics and Technology Policies
Use of Electronic Systems and Tools
Mobile Video Recording Equipment
Recording Devices
Tampering with Electronic Equipment
Chapter 10: Investigative Bureau Policies
Criminal and Traffic Case Processing
Chapter 11: General Policies
Radio Procedures
Page 3 of 3
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