Opinion
CIVIL ACTION NO. 01-3429, SECTION "M" (4)
January 17, 2003
MINUTE ENTRY
Before the Court are a Motion to Appoint a Medical Expert and a Motion for Testimony by Expert Pursuant to Rule 702 filed by the plaintiff, Reginald Angelin, on January 8, 2003. The plaintiff thereby seeks appointment of a medical expert and an expert in police work in connection with the jury trial in this matter set for January 27, 2003.
The plaintiffs request comes much too late. The discovery deadline was December 28, 2002 and the deadline for designation and exchange of witnesses, including experts, occurred on November 28, 2002.
Furthermore, the Court has determined that the presentation of the plaintiffs case does not necessarily require that he have a medical expert. See Pfiffner v. Correa, 643 So.2d 1228, 1234 (La. 1994); Vinson v. Salmon, 786 So.2d 913, 915 (La.App. 2d Cir. 2001); Hebert v. Podiatry Ins. Co., 688 So.2d 1107, 1113-1114 (La.App. 3rd Cir. 1996); Johnson v. State of Louisiana/University Hospital, 807 So.2d 367, 371 (La.App. 4th Cir. 2002) ( citing Richardson ex rel. Brown v. Lagniappe Hosp. Corp., 764 So.2d 1094 (La.App. 2d Cir. 2000) and Dean v. Ochsner Medical Foundation Hosp. and Clinic, 749 So.2d 36 (La.App. 5th Cir. 1999)); Sandifer v. Wise, 780 So.2d 1099 (La.App. 4th Cir. 2001); Jeffery v. Bickam, 795 So.2d 443, 447 (La.App. 2d Cir. 2001).
Similarly, neither the court nor a lay jury would require technical or scientific information or opinion to determine whether the police officers in the instant case committed excessive force or otherwise violated the plaintiffs rights such to warrant appointment of an expert in police work under Fed.R. Ev. 702. Accordingly,
IT IS ORDERED that the plaintiffs Motion to Appoint a Medical Expert and a Motion for Testimony by Expert Pursuant to Rule 702 are DENIED.
Before the Court is Plaintiffs Motion for Discovery Requesting His Psychiatric Files and A Written Statement By AVCC Psychiatrist filed by the plaintiff, Reginald Angelin, on January 8, 2003. The plaintiff seeks an order from the Court directing the officials at the Avoyelles Correctional Center ("AVCC") to provide him with a copy of the records of his psychiatric treatment received at that facility. He also seeks a written diagnosis and treatment outline from the psychiatrist at AVCC.
The subpoena powers of this Court are limited to a 100 mile radius. Fed.R.Civ.P. 45(b)(2). AVCC is a prison facility located in Cottonport, Louisiana, over 171 miles from this Court. The Court's subpoena powers do not extend to this non-party.
In addition, the plaintiff has not alleged the relevance or need to obtain these records from this non-party. Plaintiff may wish to direct his request to the AVCC officials since he remains housed in that facility. Accordingly,
IT IS ORDERED that the Plaintiff's Motion for Discovery Requesting His Psychiatric Files and A Written Statement By AVCC Psychiatrist is DENIED.