Opinion
Civil No. 00-1640-FR
June 11, 2001
Plaintiffs Pro Se
Attorneys for Defendants:
Robert S. Wagner, David C. Lewis, Miller Wagner, LLP., Portland, Oregon
Steven A. Kraemer, Hoffman, Hart Wagner, LLP., Portland, Oregon
Michael A. Lehner, Lehner, Mitchell, Rodrigues Sears, LLP., Portland, Oregon
Rodney K. Norton, Legal Counsel, Oregon Health Sciences University, Portland, Oregon
ORDER
The matters before the court are:
1) Scappoose defendants' motion to compel, motion for order to release Veterans Administration medical records (#25);
2) Plaintiffs' motion for pretrial discovery hearing (#30);
3) Plaintiffs' motion for stay of discovery pending pretrial discovery hearing and motion to expedite pretrial discovery hearing (#31); and
4) Plaintiffs' motion for sanctions (#32).
BACKGROUND
The plaintiffs, Mervin Arnold and Nellie Arnold, representing themselves, filed this action for damages, including punitive damages, to redress a violation of their rights protected by the United States Constitution and other various statutes.
The facts alleged in the complaint describe an incident which took place on December 2, 1998 at the Scappoose Laundromat. The complaint alleges that Mervin Arnold, a totally physically disabled veteran of the Korean Conflict, went to the laundromat to telephone his wife for assistance; that Mervin Arnold had no medical history or knowledge of the fact that he suffered from severe and chronic Type II diabetes; that Mervin Arnold became dizzy and lost consciousness falling to the floor of the laundromat; that the owner of the laundromat telephoned 911; that Officer Donald Zimmerman of the Scappoose Police Department responded to the dispatch; and that Officer Zimmerman recognized Mervin Arnold as active in exposing police misconduct within the Scappoose Police Department.
The Arnolds further allege that ambulance personnel from the Scappoose Fire District arrived at the laundromat; that Officer Zimmerman told ambulance personnel that Mervin Arnold was only intoxicated, there was nothing physically wrong with him, and an ambulance was not needed; and that ambulance personnel did a cursory examination and left. The complaint alleges that Officer Zimmerman called other police officers, including Scappoose Police Chief Margo Dew, Officer Douglas Carpenter, and Officer Norman Miller; that family members of Mervin Arnold arrived at the laundromat and recalled the ambulance through 911 which the police had cancelled; that the ambulance eventually returned after numerous demands and noted possible intoxication, despite the fact that blood glucose test results were not in a normal range; that ambulance personnel transported Mervin Arnold to the Veterans Administration Hospital in Portland; and that ambulance personnel did not treat Mervin Arnold for high blood glucose levels and did not report the high blood glucose levels to hospital personnel. The complaint alleges that Officer Miller confined Nellie Arnold to the waiting room of the hospital and stood guard over her, thereby preventing her from assisting emergency room personnel and providing them with Mervin Arnold's medical history.
The complaint further alleges that Officer Zimmerman prepared an affidavit containing false statements for the purpose of having the hospital personnel draw Mervin Arnold's blood; that personnel from the Veterans Administration Hospital refused to comply; that Officer Zimmerman arrested Mervin Arnold on a charge of driving under the influence of intoxicants, handcuffed him, and took him from the hospital out of sight of Nellie Arnold; that the officers took Mervin Arnold to the emergency room at the Oregon Health Sciences University; that under threat of being dragged into the emergency room, Mervin Arnold walked in while handcuffed; that the emergency room personnel examined Mervin Arnold against his strong verbal protests; that two vials of blood were drawn from Mervin Arnold's veins over his protests; that Mervin Arnold was eventually transported to the City of Scappoose Police Station; that Mervin Arnold was fingerprinted, photographed, and issued a citation for driving under the influence of intoxicants; that an appearance date was scheduled; that Mervin Arnold was released from custody; that on a later date Mervin Arnold appeared in the Municipal Court on his motion to dismiss; that the Municipal Court refused to act, and the case is now pending the decision of the Oregon Court of Appeals; and that Mervin Arnold has not been arraigned or convicted in any court on the charges issued by Officer Zimmerman on December 2, 1998.
The Arnolds bring five claims for relief under 42 U.S.C. § 1983, as well as claims under the laws of the State of Oregon for invasion of privacy and the intentional infliction of emotional distress against the City of Scappoose, the Chief of Police of the City of Scappoose, and a number of police officers; the Scappoose Rural Fire Protection District and certain of its personnel; and the Oregon Health Sciences University and certain of its personnel.
RULING OF THE COURT
1. Scappoose Defendants' Motion to Compel and Motion for Order to Release Veterans Administration Medical Records
The Scappoose defendants move the court for an order compelling answers to Interrogatories No. 1, 5, 6, 7, 8 and 10.
The Arnolds have objected to these interrogatories on the grounds that they are overly broad and include numerous subparts which are not separately designated and which cause the question to exceed the limitations set out in Fed.R.Civ.P. 33.
The court finds that these interrogatories identify matters relevant to the complaint, including the experts intended to be called as witnesses; the health practitioners who have examined Mervin Arnold; and the lawsuits that the Arnolds have previously filed. These interrogatories do not violate Fed.R.Civ.P. 33(a).
The court has reviewed the requests for production filed by the Scappoose defendants and finds that the Arnolds are required to produce such documents.
2. Plaintiffs' Motion for Pretrial Discovery Hearing; Motion for Stay of Discovery Pending Pretrial Discovery Hearing and Motion to Expedite Pretrial Discovery Hearing; and Motion for Sanctions
The Arnolds move for sanctions against defendants Zimmerman and Miller for failing to attend their depositions and against defendant Carpenter for appearing at his deposition wearing a firearm and refusing to remove his firearm.
Defendants Zimmerman and Miller explain that they were not available on either of the days requested by the Arnolds. Defendant Carpenter explains that he was in uniform, which included his sidearm.
Defendant Carpenter contends that he is required to appear for court functions in uniform and is required to wear his sidearm at all times while in uniform.
The court orders the parties to consult and find a mutually agreeable time for the Arnolds to take the depositions of these defendants. The court further orders counsel for these defendants to work out a time and place where the defendants will attend the depo-sitions unarmed. If a further hearing in court is necessary, the parties shall contact the court. The court declines to impose sanctions.
CONCLUSION
The ruling of the court is as follows:
1) Scappoose defendants' motion to compel, motion for order to release Veterans Administration medical records (#25) is GRANTED;
2) Plaintiffs' motion for pretrial discovery hearing (#30) is DENIED;
3) Plaintiffs' motion for stay of discovery pending pretrial discovery hearing and motion to expedite pretrial discovery hearing (#31) is DENIED; and
4) Plaintiffs' motion for sanctions (#32) is DENIED.
The court orders the parties to consult and find a mutually agreeable time for the Arnolds to take the depositions of defendants Zimmerman, Miller and Carpenter. The court further orders counsel for these defendants to work out a time and place where the defendants will attend the depositions unarmed. If a further hearing is necessary, the parties shall contact the court.
IT IS SO ORDERED.