Opinion
Case No. 3:18cv247
08-10-2018
NICHOLAS ALSTON, etc., et al., Plaintiffs, v. PHIL PLUMMER, Sheriff of Montgomery County, Ohio Defendant.
DECISION AND ENTRY OVERRULING PLAINTIFFS' MOTION FOR IMMEDIATE INSPECTION OF MONTGOMERY COUNTY JAIL (DOC. #3), WITHOUT PREJUDICE TO RENEWAL BASED UPON FUTURE EVENTS
Pursuant to the reasoning expressed by this Court during an August 7, 2018, telephone conference call, the Plaintiffs' Motion for an Immediate Inspection of the Montgomery County Jail (Doc. #3) is overruled, without prejudice to renewal should Plaintiffs choose to file either a motion for Temporary Restraining Order or for Preliminary Injunction
As discussed during the aforementioned telephone conference call, a Motion for an Immediate Inspection is likened to a Motion for View of the Scene. As such, the inspection/view is not evidence; rather, the sole purpose is to help the trier(s) of fact better understand the evidence as it is presented during either a hearing or trial. Without the pendency of a proceeding, requiring the introduction of testimony, exhibits or other evidence, the inspection/view serves no purpose. Should Plaintiffs choose to file a Motion for Temporary Restraining Order and/or a Motion for Preliminary Injunction, requiring a hearing in open Court, Plaintiffs may renew their Motion for Immediate Inspection/View. August 10, 2018
/s/_________
WALTER H. RICE
UNITED STATES DISTRICT JUDGE Copies to: Counsel of record