92 results for 'cat:"Civil Rights" AND cat:"Discovery"'.
J. Singh grants a motion to file a third amended complaint in claims alleging police harassed plaintiff, a Black man who lives in Pennsylvania, whenever he drove into New Jersey, and claims contending police interrogated his mother, because details about additional police officers came to light during discovery, and the pleading would not be barred by any statute of limitations.
Court: USDC New Jersey, Judge: Singh, Filed On: May 1, 2024, Case #: 3:19cv21164, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, civil Rights, discovery
J. Eifert denies the class of former care children’s motion for sanctions against the West Virginia Department of Health Services for failing to timely produce individual case files in the class’s pending civil rights suit accusing the state of “systemic deficiencies” in how it operates the foster care system, finding that while the department “made mistakes in preserving and producing information,” it was not done in bad faith or out of disrespect for any court order.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: April 22, 2024, Case #: 3:19cv70, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Sanctions, discovery
J. Kim grants, in part, a woman’s motion to compel a county’s deposition and production of documents in her excessive force case. Certain requested information, such as complaints made against local police officers, where the city started disciplinary actions against officers who used excessive force and investigations into officers' use of force, is relevant to her case.
Court: USDC Eastern District of California, Judge: Kim, Filed On: April 18, 2024, Case #: 2:22cv1936, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, discovery
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J. Docherty grants the insurers' motions to compel discovery and a deposition and denies the driver's motion to compel a deposition in the driver's suit arguing that he was improperly denied a policy for a classic car because he does not own a daily-use car. The driver failed to comply with meet-and-confer requirements and has not fully responded to discovery requests, and the insurers' requests seek relevant information, and are proportional to the needs of the case.
Court: USDC Minnesota, Judge: Docherty, Filed On: April 12, 2024, Case #: 0:23cv525, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Insurance, discovery
J. Reznik denies the county's request to claw back certain inadvertently disclosed documents. The county failed to object to the use of the documents as an exhibit during a deposition, allowing a witness to answer questions about them, so it waived its right to object to the disclosure.
Court: USDC Southern District of New York, Judge: Reznik, Filed On: April 12, 2024, Case #: 7:21cv10644, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, discovery, Privilege
J. Pham partially grants the pedestrian's motion to compel certain discovery in this civil rights action stemming from an interaction with police officers in which he was allegedly detained and searched without probable cause and subjected to an "anal cavity search." The motion, which pertains to the issue of equitable estoppel, is granted as to his request related to the "disposition and pendency time" of the police department's investigations into citizen complaints, though it is limited as to the timeframe and the investigative categories.
Court: USDC Western District of Tennessee , Judge: Pham, Filed On: April 9, 2024, Case #: 2:20cv2570, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, civil Rights, discovery
J. Beckerman grants the estate's motion to compel the Department of Human Services to produce documents in the estate's complaint that DHS placed the child in a home where the foster parent did not properly administer the medication for the child's congenital heart defect and did not take him to a cardiac rehabilitation appointment, resulting in the child's death. DHS is to produce all tort claim notices about alleged abuse, neglect or deaths of foster children in District 1's custody from 2013 to the present, because the existence of persistent violations are relevant to a case involving the death of a foster child as the result of alleged neglect from his foster parent and the agency that placed him with the foster parent.
Court: USDC Oregon, Judge: Beckerman, Filed On: April 9, 2024, Case #: 3:23cv705, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Wrongful Death, discovery
J. Huntsman partially grants the plaintiffs' motion to remove the confidentiality designation from certain documents produced by the government in this lawsuit brought by a doctor asserting claims for false arrest, malicious prosecution and civil rights violations. The government previously marked every page of a report containing "the results of an internal investigation" as confidential. The court will require the government to redact portions of the report and rules that the parties can use the redacted report "in conducting this litigation."
Court: USDC Northern District of Oklahoma , Judge: Huntsman, Filed On: April 5, 2024, Case #: 4:22cv366, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Rights, discovery
J. Major partly grants a civilian's motion to compel production of a police officer's personnel files after he performed a leg sweep on him, which resulted in a shattered eye socket. Although the files may contain some irrelevant information, the production of 300 pages is not disproportionate to the needs of the case. Furthermore, the officer's privacy concerns do not outweigh the civilian's need for the requested information, especially given that certain identifying information can be redacted.
Court: USDC Southern District of California, Judge: Major, Filed On: March 29, 2024, Case #: 3:23cv32, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, discovery, Police Misconduct
J. Eifert grants in part the class of former foster care children's motion for sanctions under Rule 37(e)(1) for the West Virginia Department of Health Services' failure to preserve all electronically stored information (ESI) requested in discovery. Since the spoliation of evidence did slightly compromise the class's ability to present its case demonstrating “systemic deficiencies” in the foster care system, WVDHS is precluded from arguing the deleted ESI would have shown they did not act with deliberate indifference, and it must reimburse the class for their reasonable attorney fees and costs associated with bringing the motion.
Court: USDC Southern District of West Virginia, Judge: Eifert , Filed On: March 28, 2024, Case #: 3:19cv710, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Government, discovery
J. Barnes grants a motion to compel by an individual who was convicted of robbery and murder and found innocent 20 years later. The former inmate's requests, including for documents related to a complaint, warrant, discipline for Brady violations and policies governing the preservation of documents, are relevant.
Court: USDC Eastern District of California, Judge: Barnes, Filed On: March 28, 2024, Case #: 2:22cv350, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, discovery
J. Chuang grants, in part, a citizen’s motion to compel discovery and compliance with subpoena against five of six internet domain registrar companies. The citizen alleges he properly served each of the registrars with a subpoena, but they have failed to comply. The court finds that one registerer was improperly served and must be served by certified mail, restricted delivery or any other proper means consistent with federal and state laws. Therefore, the other four registers the citizen is directed to file a state either voluntarily dismissing the claims or showing cause why the should not dismiss this case.
Court: USDC Maryland, Judge: Chuang, Filed On: March 27, 2024, Case #: 8:20cv1066, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, discovery
J. Brooks partly grants an online business trade association's motion to limit discovery in a suit against the state on a law, paused in its enforcement, that would require social media companies to verify the age of account holders to protect minors. Limited discovery will be allowed since "extensive discovery is excessive and unnecessary."
Court: USDC Western District of Arkansas , Judge: Brooks, Filed On: March 24, 2024, Case #: 5:23cv5105, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Rights, Constitution, discovery
J. Aiken grants the sheriff's motion for sanctions in the the state police trooper's lawsuit alleging that the deputy sheriff and the deputy sheriff sergeant denied him due process when they wrongfully arrested him for driving under the influence. Sanctions are appropriate in this matter, because the state police trooper violated the sheriff's office's discovery requests by not preserving his text messages and emails.
Court: USDC Oregon, Judge: Aiken, Filed On: March 21, 2024, Case #: 6:21cv1622, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Sanctions, discovery
J. Hummel orders New York State’s Department of Environmental Conservation to produce requested documents in an employment discrimination lawsuit. The litigant seeks documentation regarding the demotion and subsequent promotion an environmental department officer who was the subject of a sexual harassment complaint. The litigant in this case alleges he was denied a promotion to be the director of law enforcement due to reverse racism, while the department argues the decision to deny him the position was in part based on his involvement in the officer’s promotion, which they claimed showed a lapse in judgment.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: March 14, 2024, Case #: 1:20cv106, NOS: Employment - Civil Rights, Categories: civil Rights, discovery, Employment Discrimination
J. Estudillo denies the prison healthcare service's motion to exclude the inmate's expert, Dr. Isabel Hujoel, from testifying in his lawsuit alleging that the county and Nashville healthcare company did not accommodate his celiac disease while he was in custody. Dr. Hujoel is well qualified because she is a gastroenterologist who specializes in celiac disease, and her report focuses on how the inmate suffered “acute injury and distress” due to the lack of a gluten-free diet; she does not testify as to monetary or economic damages.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 11, 2024, Case #: 3:20cv6106, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: civil Rights, Experts, discovery
J. Major grants the children's motion for limited discovery concerning claims that San Diego County violated their father's civil rights by failing to prevent him from dying from pneumonia, malnutrition and dehydration while incarcerated. The county must produce surveillance video of decedent in the 72 hours leading up to his death. The children already have the names of the officers in the video, so protecting their identity is not an issue. The county has failed to explain why a protective order regarding the video would be insufficient to protect any contemplated harm.
Court: USDC Southern District of California, Judge: Major, Filed On: February 26, 2024, Case #: 3:23cv1357, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Wrongful Death, discovery
J. Eifert denies the university's motion to compel an independent psychological evaluation of the student claiming it's Title IX Office discriminated against her when it charged her with violating the university's Student Code of Conduct for underage consumption of alcohol while at a friend's off-campus apartment as retaliation for reporting she was sexually assaulted. The student's mental condition is not in controversy, and the university has failed to show any good cause for such an examination.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: February 21, 2024, Case #: 3:22cv532, NOS: Education - Civil Rights, Categories: civil Rights, Education, discovery