Opinion
No. 5:10-cv-174-DPM
03-07-2013
BRUNSON ROBERTS, ADC #127841 PLAINTIFF v. RODERICK JOHNSON and RICKY WEBB DEFENDANTS
ORDER
For the reasons stated on the record at the end of the 6 March 2013 telephone hearing, the newly produced records, Document No. 142, at 3-20, will not be admitted in evidence. They may not be used for impeachment either; they are rebuttal evidence, which likewise should have been produced sooner. This last ruling, though, is without prejudice to the Defendants' revisiting the issue if they find authority beyond Harris and like cases. Given the inadvertent failure to produce the records earlier, and the fact that they do exist, Roberts will not be allowed to cross-examine witnesses about the lack of additional sanitation logs and rosters.
So Ordered.
________________________
D.P. Marshall Jr.
United States District Judge