Monson v. Detroit, City of et al

Filing 123

ORDER Granting Defendant's 118 Motion for Leave to Take Deposition from Cynthia Stewart While She is Incarcerated. Signed by District Judge Laurie J. Michelson. (EKar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LAMARR MONSON,
Plaintiffs,
v.

Case No. 18-10638
Honorable Laurie J. Michelson
Magistrate Judge Stephanie Dawkins
Davis

JOAN GHOUGOIAN, et al.,
Defendants.
ORDER GRANTING DEFENDANTS’ MOTION FOR LEAVE TO DEPOSE
CYNTHIA STEWART WHILE SHE IS INCARCERATED [118]
In 1997, Lamarr Monson was convicted of murdering 12-year old Christina
Brown. He received a 30-year sentence. In 2017, after the Michigan Innocence Clinic
uncovered exculpatory evidence, a state circuit court judge granted Monson’s motion
for a new trial. Then, the Wayne County Prosecutor’s Office opted not to retry Monson
and a state judge dismissed the criminal case against Monson.
Monson then brought this § 1983 suit against former Detroit Police Officers
involved in the investigation and trial of the underlying murder case who he says
violated his Constitutional rights. One of the claims that survived Defendants’ motion
to dismiss is Monson’s claim for malicious prosecution.
In connection with this claim, Defendants want to depose Cynthia Stewart, a
third-party witness. Stewart was acquainted with Brown and gave a statement to police
following her murder. She indicated Brown and Monson were boyfriend and girlfriend,

that Brown sold drugs for him, and that Monson (according to Brown) had threatened
her. (ECF No. 122-3.) Stewart also testified at Monson’s criminal trial regarding some
of her interactions with Brown and Monson. (ECF No. 121-3.) Stewart is currently
incarcerated. So Defendants have filed the present motion for leave to take her
deposition. Plaintiff opposes the motion. (ECF No. 121.) According to Plaintiff, “Ms.
Stewart did not witness anything relevant in this case. She did not witness the murder,
and admittedly had never stepped foot in the apartment where Christina [Brown] was
staying. She also testified she had not seen Christina Brown for approximately one
month before Christina’s death, and she had not seen Mr. Monson for an even longer
period of time.” (ECF No. 121, PageID.5364.)
In order to depose a witness confined in prison, the Federal Rules of Civil
Procedure provide that a party “must obtain leave of court, and the court must grant
leave to the extent consistent with Rule 26(b)(1) and (b)(2).” Fed. R. Civ. P.
30(a)(2)(B). In turn, Rule 26 provides that parties may obtain discovery of “any
nonprivileged matter that is relevant to any party’s claim or defense and proportional to
the needs of the case.” Fed. R. Civ. P. 26(b)(1). And “evidence is relevant if it has any
tendency to make a fact more or less probable than it would be without the evidence;
and the fact is of consequence in determining the action.” Fed. R. Evid. 401.
Information need not be admissible in evidence to be discoverable. Fed. R. Civ. P.
26(b)(1).

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The scope of discovery is “within the sound discretion of the trial court,” S.S. v.
E. Ky. Univ., 532 F.3d 445, 451 (6th Cir. 2008), and is traditionally quite broad, Lewis
v. ACB Bus. Servs., 135 F.3d 389, 402 (6th Cir. 1998). Here, the Defendants’ reply brief
adequately sets forth the relevance of Stewart’s anticipated testimony. And whether
certain aspects of that testimony are ultimately admissible at trial is an issue for another
day.
Thus, Defendants’ motion for leave to depose Cynthia Stewart while she is
incarcerated (ECF No. 118) is GRANTED.
IT IS SO ORDERED.
Dated: December 6, 2019

s/Laurie J. Michelson
LAURIE J. MICHELSON
UNITED STATES DISTRICT JUDGE

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