Williams v. Hinds County Board of Supervisors et al

Filing 74

ORDER re-setting deadlines for 6/8/20 Order on Discovery. Signed by Magistrate Judge Linda R. Anderson on July 8, 2020 (Rushing, Terryl)

Case 3:17-cv-00508-LRA Document 74 Filed 07/08/20 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION
KEVIN LEIGH WILLIAMS

PLAINTIFF

VS.

CIVIL ACTION NO.: 3:17CV508-LRA

DEPUTY SHERIFF TONY ALEXANDER,
DEPUTY SHERIFF BRANDON WILLIAMS,
and CORRECTIONS DEPUTY DERA MOLA

DEFENDANTS

ORDER
This matter came before the Court on a sua sponte review of the docket in this matter,
which revealed that an earlier Order required a response from the Plaintiff by June 23, 2020.
The Plaintiff has not responded; however, a closer review suggests that the earlier Order was not
mailed to the Plaintiff. For these reasons, the Court will extend the deadlines originally ordered.
A copy of the original Order is attached.
IT IS, THEREFORE, ORDERED, as follows:
1. On or before July 31, 2020, Williams will file a supplement to his Motion Requesting
Additional Discovery, specifying the shift on which the alleged incident occurred.
2. Within 10 days of Williams’s supplementation, the Defendants will file and serve a
supplement to their Response to Williams’s Motion, which shall include a signed
statement from the person who provided the information on which the Defendants
based that Response.
3. After the receipt of both supplements, the Court will rule on the Motion Requesting
Additional Discovery.
IT IS SO ORDERED, this the 8th day of July, 2020.
/s/ Linda R. Anderson
UNITED STATES MAGISTRATE JUDGE

Case 3:17-cv-00508-LRA Document 74 Filed 07/08/20 Page 2 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION
KEVIN LEIGH WILLIAMS

PLAINTIFF

VS.

CIVIL ACTION NO.: 3:17CV508-LRA

DEPUTY SHERIFF TONY ALEXANDER,
DEPUTY SHERIFF BRANDON WILLIAMS,
and CORRECTIONS DEPUTY DERA MOLA

DEFENDANTS

ORDER
This matter came before the Court on the Plaintiff’s Motion Requesting Additional
Discovery [Doc. #71]. By this Motion, the Plaintiff, Kevin Williams, has requested evidence of
his claim of excessive force. In response, the Defendants maintain that they have already
produced much of what Williams requested, and much of what he has requested is not in their
custody or control. They also argue that they cannot respond to Williams’s request for a list of
officers who maintain detention logs and/or copies of logs because Williams has not identified
the shift during which the incident of excessive force occurred. The response is signed by
counsel for the Defendants.
The Court construes Williams’s Motion to have the effect of a Motion to Compel
Interrogatory Responses from the Defendants. The Federal Rules of Civil Procedure apply to
cases brought by prisoners under 42 U.S.C. § 1983. Hardwick v. Ault, 517 F.2d 295, 298 (5th
Cir. 1975). FED. R. CIV. P. 33(b)(5) requires responses to interrogatories to be signed by counsel
and by “[t]he person who makes the answers.” The Defendants will be required, therefore, to resubmit their responses to Williams’s requests in accordance with Rule 33(b)(5).
The Defendants have stated that they cannot produce the list of officers requested by
Williams because Williams has not specifically identified the shift during which the excessive

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Case 3:17-cv-00508-LRA Document 74 Filed 07/08/20 Page 3 of 3

force incident occurred. Williams will be required to supplement his Motion with that
information.
IT IS, THEREFORE, ORDERED, as follows:
1. On or before June 23, 2020, Williams will file a supplement to his Motion Requesting
Additional Discovery, specifying the shift on which the alleged incident occurred.
2. Within 10 days of Williams’s supplementation, the Defendants will file and serve a
supplement to their Response to Williams’s Motion, which shall include a signed
statement from the person who provided the information on which the Defendants
based that Response.
3. After the receipt of both supplements, the Court will rule on the Motion Requesting
Additional Discovery.
IT IS SO ORDERED, this the 8th day of June, 2020.

/s/ Linda R. Anderson
UNITED STATES MAGISTRATE JUDGE

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