Hill v. Bolivar County et al

Filing 156

ORDER granting 152 Motion to lift stay of immunity related discovery of Walter Grant. Signed by Magistrate Judge Jane M. Virden on 3/11/16. (ncb)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
LATAUNA HILL, INDIVIDUALLY AND ON BEHALF
OF ALL THE HEIRS AT LAW AND WRONGFUL DEATH
BENEFICIARIES OF WILLIE LEE BINGHAM, DECEASED
v.

PLAINTIFF

CAUSE NO: 4:14cv86‐NBB‐JMV

BOLIVAR COUNTY, ET AL.
DEFENDANTS
_________________________________________________________________________________________________________
ORDER
_________________________________________________________________________________________________________

This matter is before the Court on Plaintiff's motion [152] to lift the stay as to immunity
related discovery of Walter Grant. The Court has considered the motion, brief, and responses
thereto, and having conducted a telephonic hearing on the same, rules, consistent with its
findings made from the bench today, that the plaintiff will be permitted to take a limited
deposition of Walter Grant on certain specific areas, provided that the deposition is concluded by
5:00 p.m., Friday, 3/18/16. The areas of questioning plaintiff's counsel is permitted to ask
Defendant Grant about are as follows: 1) the location of all officers at the relevant scene upon
arrival and at the time of the complained of shooting, including the distance between all such
officers at those times; 2) the time that Grant arrived at the subject site, the time at which he
first talked to Officer Smith, the time he traveled to where the suspect was located, and the time
when the gunshot that killed the suspect was fired; 3) who Grant knows to have witnessed the
shooting; and 4) the substance of Grant's conversation with Officer Smith at the scene
immediately following the shooting.

Provided further, Grant's counsel will inform plaintiff’s counsel by noon, Monday,
3/14/16, whether he intends to advise Grant to assert the Fifth Amendment in response to the
questions outlined above. And, by 5:00 p.m., Monday, 3/14/16, plaintiff's counsel shall inform
the Court and all counsel whether, in the event Grant's counsel does intend to advise his client to
assert the 5th Amendment in response to the outlined permitted deposition questions, plaintiff's
counsel will nevertheless proceed with the taking of Grant's limited deposition. In the event the
deposition does proceed, it must, as noted, be concluded by no later than 5:00 p.m., Friday,
3/18/16. In so ruling on the instant motion, the Court has considered and balanced certain
factors, namely whether the issues in the civil and related criminal cases overlap; the status of
the criminal case; the interest of the plaintiff in proceeding expeditiously weighed against the
prejudice to the plaintiff of delaying; the interest of the defendants; the interest of the Court; and
the public interest, and has concluded that, on balance, the factors weigh in favor of permitting
this limited deposition. A revised schedule for completion of briefing on the pending immunity
motions will be made by the undersigned after consulting with the district judge no later than
5:00 p.m., Tuesday, 3/15/16.
SO ORDERED this 11th day of March, 2016.

/s/ Jane M. Virden
U.S. MAGISTRATE JUDGE

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