Watson et al v. Witty et al

Filing 77

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff's motion to accept relevant evidence to the proceedings [Doc. # 72 ] is GRANTED. The Court takes judicial notice that evidence related to the identification of defend ant Correctional Officer Allen is contained in the Disciplinary Action Report attached to plaintiff's motion. IT IS FURTHER ORDERED that defense counsel, Assistant Attorney General Jeffrey Spahr, shall respond to the Court no later than fifte en (15) days of the date of this Memorandum and Order, and state whether counsel is able to properly identify defendant Correctional Officer Allen, through the assistance of the Disciplinary Action Report provided by plaintiff in Docket No. 72 . IT IS FURTHER ORDERED that if defense counsel, Assistant Attorney General Jeffrey Spahr, is able to properly identify defendant Correctional Officer Allen, he shall provide the Court, within fifteen (15) days of the date of this Memorandum and Ord er, defendant Allen's first name, so that the Court may properly serve defendant Allen through the waiver agreement this Court maintains with the Missouri Attorney General's Office. IT IS FURTHER ORDERED that if Officer Allen is no longe r employed by the Missouri Department of Corrections, counsel shall provide to the Court, under seal, within fifteen (15) days of the date of this Memorandum and Order, the last known home address for defendant Allen so that service may be effectuated on defendant Allen through summons. Signed by Magistrate Judge Patricia L. Cohen on 6/13/2017. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
TERRY G. WATSON,
Plaintiff,
v.
KAREY L. WITTY, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

No. 2:16-CV-71 PLC

MEMORANDUM AND ORDER
Before the Court is plaintiff’s motion to “accept relevant evidence to the proceedings.”
Plaintiff requests that the Court take notice of evidence of defendant Correctional Officer Allen’s
identification information, as taken from a Disciplinary Action Report given to plaintiff by
defendant Michelle Buckner on September 12, 2013. [Doc. #72]. In the report, defendant
Buckner indicates that she is writing up plaintiff “[b]ased on a written statement [from] COI
Allen (SCCC-13-3170).”
The Court agrees with plaintiff that this information is sufficient to allow the Missouri
Attorney General’s Office to properly identify defendant Correctional Officer Allen in these
proceedings and properly waive service on his behalf.1 Defense counsel, Assistant Attorney
General Jeffrey Spahr, shall indicate whether he is able to identify defendant Allen from the
evidence provided by plaintiff in the Disciplinary Action Report within fifteen (15) days of the
date of this Order. If counsel is able to properly identify plaintiff, counsel shall provide the

1

Defense counsel, Assistant Attorney General Jeffrey Spahr, stated in his response to the waiver
of service letter on May 1, 2017, that he was unable to waive service of process on behalf of
“Correctional Officer Allen” because plaintiff has not provided sufficient information to allow
the proper identification of this individual and there are multiple correctional officers at SCCC
with the name of Allen. See Doc. # 67.

Court with defendant Allen’s first name so that the Court may properly serve defendant Allen
through the waiver of service agreement this Court maintains with the Missouri Attorney
General’s Office.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to accept relevant evidence to the
proceedings [Doc. # 72] is GRANTED. The Court takes judicial notice that evidence related to
the identification of defendant Correctional Officer Allen is contained in the Disciplinary Action
Report attached to plaintiff’s motion.
IT IS FURTHER ORDERED that defense counsel, Assistant Attorney General Jeffrey
Spahr, shall respond to the Court no later than fifteen (15) days of the date of this Memorandum
and Order, and state whether counsel is able to properly identify defendant Correctional Officer
Allen, through the assistance of the Disciplinary Action Report provided by plaintiff in Docket
No. 72.
IT IS FURTHER ORDERED that if defense counsel, Assistant Attorney General
Jeffrey Spahr, is able to properly identify defendant Correctional Officer Allen, he shall provide
the Court, within fifteen (15) days of the date of this Memorandum and Order, defendant Allen’s
first name, so that the Court may properly serve defendant Allen through the waiver agreement
this Court maintains with the Missouri Attorney General’s Office.

2

IT IS FURTHER ORDERED that if Officer Allen is no longer employed by the
Missouri Department of Corrections, counsel shall provide to the Court, under seal, within
fifteen (15) days of the date of this Memorandum and Order, the last known home address for
defendant Allen so that service may be effectuated on defendant Allen through summons.

PATRICIA L. COHEN
UNITED STATES MAGISTRATE JUDGE
Dated this 13th day of June, 2017

3