Ferrell v. Williams County Sheriff's Department et al

Filing 24

ORDER by Magistrate Judge Charles S. Miller, Jr. denying 22 Motion for Subpoena for Video Surveillance. (BG) Distributed on 12/5/2014 (jt).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT NORTH DAKOTA
NORTHWESTERN DIVISION
Justin Lamar Ferrell,
Plaintiff,
vs.
Sam Aid Williston PD, Ryan Engerrman
Williston PD, and Sgt. Royce Crone
WCCC, in their official capacities,
Defendants.

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ORDER

Case No. 4:14-cv-131

On December 2, 2014, the Clerk’s office received a letter from plaintiff requesting the
court’s assistance in subpoenaing surveillance footage taken by security cameras at the Williams
County Correctional Center on September 5-6 and October 4, 2014.
Williams County is ostensibly a party to this action given that plaintiff is suing Sgt. Royce
Crone in his official capacity and presumably has access to and control over the materials sought
by plaintiff. Consequently, the requested material may be obtained through a request for production
of documents.
Plaintiff’s subpoena request (Docket No. 22) is DENIED. With the submission of his
request, plaintiff has given notice to defendants that he believes this material is relevant and needs
to be preserved.
IT IS SO ORDERED.
Dated this 5th day of December, 2014.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court