Opinion
4:23-cv-747-DPM
07-24-2024
DOTTIE ANDERSON PLAINTIFF v. BOBBY MAY, Individually and in His Official Capacity as Sheriff of St. Francis County DEFENDANT
ORDER
D.P. Marshall Jr. United States District Judge
The Court notes the joint report and resolves the parties' discovery disputes as follows.
• Interrogatories Nos. 1, 3, 4, 8-10,12,13 & 15 & Requests for Production 1-5, 7-12 & 15-21
Sheriff May's objections are sustained. He says he produced all responsive documents. And his supplemental responses state that he's not withholding any responsive information or documents.
• Interrogatories Nos. 13 & 15
Sheriff May's objection is overruled as to Interrogatory No. 13. He stated that Anderson was terminated for "poor performance, misconduct, and for violating St. Francis County's rules and/or policies." Doc. 48-1 at 32-33. Anderson's request for information about individuals terminated for those same reasons is relevant to her claims and therefore discoverable.
Sheriff May's objection to Interrogatory No. 15 is sustained. Anderson hasn't brought a discrimination claim or alleged that she was retaliated against for reporting alleged discrimination.
• Interrogatory No. 3 & Request for Production 9
Sheriff May's objections are sustained with directions. Whether any non-employee of St. Francis County ever complained about the conditions of confinement and alleged civil rights violations is irrelevant to Anderson's A WB A claim. And Anderson hasn't brought a discrimination claim in this case.
The Court notes, however, that a Protective Order has been entered in this case. Doc. 49. Sheriff May must provide supplemental responses as he indicated he would in its response to Interrogatory No. 3.
• Request for Production 12
Sheriff May's objections are sustained. He says he cannot locate Jones's personnel file. He "cannot produce what [he does] not have." Morris v. King, 2022 WL 59618, at *2 (W.D. Ark. 4 January 2022).
* * *
Sheriff May must provide his supplemental responses and production by 30 August 2024. The Court declines to award fees. Joint report, Doc. 48, addressed.
So Ordered.