Clark v. Thomas

Filing 164

ORDER re Objections Made During Dalvon Terry's Trial Deposition. Signed by Judge Jennifer A. Dorsey on 7/7/2014. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Michael Clark,

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Case No.: 2:09-cv-02272-JAD-GWF
Plaintiff

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v.

Order re: Objections Made During Dalvon
Terry’s Trial Deposition

John Thomas,

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Defendant

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Trial in this § 1983 deliberate-indifference Eighth Amendment case begins tomorrow.

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In anticipation of the trial and with both parties’ desire to present the testimony of Dalvon

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Terry (who is presently incarcerated in California’s North Kern State Prison), the Court

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permitted the parties leave of the discovery deadline to conduct a trial deposition of Mr.

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Terry.1 The videotaped deposition took place via videoconference with Mr. Terry. Both

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Plaintiff Michael Clark (who is representing himself in this civil matter) and defense counsel

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attended via videoconference. Counsel for defendant commenced the questioning, and

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Plaintiff was afforded the opportunity to lodge any objections. When defense counsel was

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finished with her direct inquiry, Mr. Clark began his questioning; but he soon left the

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deposition of his own accord stating, “You all can have this. I’m out of here.” Defense

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counsel completed the deposition and her redirect in Mr. Clark’s willful absence.

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Doc. 152.
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As the testimony of Mr. Terry will be presented through his trial deposition (with the

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video image playing with the synced transcript scrolling beneath him), the Court now

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considers and rules on each of the objections made during Mr. Terry’s deposition so that the

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parties have guidance in preparing the video presentation.2 For any objection that is

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sustained, the party presenting the testimony must edit out the question, the objection and any

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related discussion, and any answer. For any objection that is overruled, the party presenting

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the testimony must edit out only the objection and any related discussion about the objection.

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Page

Line(s)

Objection

Ruling

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asked and answered

overruled: the question was not
previously asked in this same way

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9-10

form of the question

overruled: the Court will permit
plaintiff some leeway in his
questioning

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8-9

form of the question;
narrative

sustained: Mr. Clark was not asking a
question; he was making a statement
to the witness

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relevance

overruled: the topic of Mr. Terry’s
known propensity for violence is
relevant to this deliberate indifference
claim

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relevance

overruled: the topic of Mr. Terry’s
known propensity for violence is
relevant to this deliberate indifference
claim

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4-5

relevance

overruled: the topic of Mr. Terry’s
known propensity for violence is
relevant to this deliberate indifference
claim

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The Court reviewed a copy of the trial deposition transcript in making these rulings; the
copy was provided by defense counsel to the Court during calendar call, and a copy was concurrently
provided to Mr. Clark.

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In addition, the following portions of the deposition shall not be presented to the jury:

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Page 27, line 13 through page 28, line 8.

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Page 30, line 2 through the end.

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DATED July 7, 2014.
_________________________________
_______________ ____
_ __________ _
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Jennifer A. Dorsey
nifer A Dorsey
e
se
e
United States District Judge
ted States
tate
ct Judge
t ud

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