EILEEN S. WILLETT, Magistrate Judge.
Plaintiff is an inmate in custody at the Arizona Department of Corrections. He filed a Complaint (Doc. 1) pursuant to 42 U.S.C. § 1983 alleging Defendants violated his civil rights. Plaintiff filed a document on October 22, 2014 (Doc. 62) which the Court has deemed to be a Motion to Compel. See Order filed October 31, 2014 (Doc. 66). Plaintiff asserts that documents identified in his Request for Production dated August 4, 2014 (Doc. 62, Ex. D) have not been produced. Plaintiff fails to provide any specific objection to the Defendants' responses to Request for Production numbers 3, 11-13, and 15. Therefore, the Court must limit its review and analysis to Request for Production numbers 1-2, 4-10, and 14 (Doc. 62, Ex. D). See Fed. R. Civ. P. 37(a) and L.R.Civ. 7.2(j). Plaintiff's Motion to Compel (Doc. 62) is denied as to Request for Production numbers 3, 11-13, and 15.
Rule 37(a)(1), Federal Rules of Civil Procedure requires that a party's motion to compel include a certification that the movant has in good faith conferred or attempted to confer with the opposing party in an effort to obtain the sought discovery without Court intervention. Local Rule of Civil Procedure 7.2(j), as well as this Court's Scheduling Order (Doc. 17), further requires personal or telephonic consultation between the parties prior to the filing of a motion to compel. Plaintiff failed to include his required certification that such efforts were actually made. For this reason alone, the Motion to Compel (Doc. 62) may be denied. However, the Court has reviewed the merits of the discovery at issue for reasons of judicial economy.
The law provides that a party may obtain discovery regarding any non-privileged matter that is relevant to a party's claim. The relevant information need not be admissible at trial if it is reasonably calculated to lead to the discovery of admissible evidence. Fed. R. Civ. P. 26(b)(1). All discovery is, however, subject to reasonable limitations by the Court when "the burden or expense of the proposed discovery outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties' resources, the importance of the issues at stake in the action, and the importance of the discovery in resolving the issues." Fed. R. Civ. P. 26(b)(2)(C)(iii).
Plaintiff's Complaint (Doc. 1) alleges that Defendants violated Plaintiff's Eighth Amendment rights when Defendants approved Plaintiff for protective segregation but did not provide adequate protection for Plaintiff from injury by other inmates. Plaintiff seeks a number of items in his Request for Production which Plaintiff argues are relevant to his case.
Plaintiff identifies Marlene Coffey as a protective custody administrator for the Department of Corrections. Though Ms. Coffey is not a named Defendant, she is in the employ of the institution at which Plaintiff is incarcerated and where his alleged injuries were sustained. Mr. Ryan and Ms. Crabtree are named as Defendants. The Plaintiff has limited the scope of the email requested to those emails "concerning Plaintiff's requests for safety and classification and appeals." The identified topics are arguably relevant to Plaintiff's claim or calculated to lead to discovery of admissible evidence. Further, the Court interprets the request to limit the email correspondence among the identified sender/recipients only and the information regarding only Plaintiff. Specifically, emails from any of the three named individuals to any of the three individuals about Plaintiff. The Court imposes a timeframe of 2008 to the present, as Plaintiff's Complaint (Doc. 1) alleges continuing harm from 2008.
Therefore, the Motion to Compel (Doc. 62) is granted in part as set forth herein as to Request for Production No. 1. If emails obtained by Defendants refer to additional inmates, an in camera inspection and redaction may be requested. Defendants indicate that, as a result of their search to date, no emails exist that fall within the parameters set forth by the Court. Defendants have a continuing obligation to disclose information deemed relevant by the Court.
The Court finds that all grievances, inmate letters, complaints, and appeals generated by Plaintiff to the Defendants, prison staff, and Defendants' agents from 2008 to August 4, 2014 are relevant and discoverable. Classification documents as identified by the Defendants in their Response (Doc. 73 at 7) are also relevant. The described methodology for disclosure set forth by Defendants is deemed reasonable. (Doc. 73 at 7-9) However, whether Plaintiff was actually housed with an inmate who actively appeared on Plaintiff's "Do Not House With List" from 2008 when Defendants were seeking to separate the individuals is discoverable information. If such an event occurred, then the time period and housing location for the event shall be identified. Further briefing regarding damages and security issues will be necessary before the Court would consider whether the identity of any such inmates on Plaintiff's "Do Not House With List" are discoverable in this case.
The Court sustains Defendants' objection to Request No. 4 for the reasons set forth by the Defendants in their Response (Doc. 73 at 9-10). Statistical information capturing numerical bed capacity, inmate population, and length of stay averages from 2008 is a matter of public record.
The Court finds that Defendants' written policies and procedures which discuss Protective Segregation and Protective Segregation limits as related to inmate safety and inmate requests for protection are relevant and discoverable. Specific Department of Correction actions regarding specific inmate requests other than Plaintiff's requests are not. Unwritten policy is not discoverable by a Request for Production of Documents. The Defendants have complied with production of relevant documentation as outlined in Defendants' Response. (Doc. 73 at 10-12) Defendants continue to provide relevant email as discovered, if any. Plaintiff's Motion to Compel (Doc. 62) is granted in part and denied in part as set forth herein.
The Court finds that the information sought is not properly posited as a Request for Production. The Defendants' objection is sustained.
The Court finds that the information sought is relevant. However, Defendants have produced Department Orders 704, 803, 804, and 909 in response to Plaintiff's compound Request No. 7. The Court has no reasonable basis to conclude that Defendants have not fully complied with Plaintiff's request. Therefore, the Motion to Compel (Doc. 62) for Request No. 7 is denied.
The Court finds that Plaintiff's request for sexual assault records is overly broad, unduly burdensome, and not relevant to Plaintiff's claim. Plaintiff has not alleged that he is the victim of a sexual assault as a result of Defendants' alleged conduct. In addition, the medical records of third parties are privileged. Plaintiff's Motion to Compel (Doc. 62) is denied as to reports regarding sexual assaults.
With regard to Plaintiff's request for documents relating to physical assaults from 2008-August 4, 2014 which occurred in Lewis Protective Custody yards, the Court finds that incidents of physical assaults during such time period are relevant only if (i) the assault occurred at the same facility at which Plaintiff was housed and (ii) the assault occurred while Plaintiff was housed at that facility. However, all identifying information as to the inmates involved in the assaults shall be redacted from the documents. Further security issues which such reports may raise shall be presented to the Court for in camera review as unredacted documents with a corresponding set of proposed redacted documents for the Court's consideration. Plaintiff's Motion to Compel (Doc. 62) regarding assault incident reports as further limited above is granted.
The Court finds that the Motion to Compel (Doc. 62) regarding this item is now moot. Defendants have indicated in their response that "validated gang members are housed at ASPC-Eyman, Browning Unit. Only gang members who have renounced their gang affiliations have [sic] are housed on protective custody yards." (Doc. 73 at 16) The response is deemed sufficient to the request.
The Defendants' objection is sustained as to Request No. 10. Plaintiff's request is vague, overly broad, unduly burdensome, and not relevant.
The Court finds that Plaintiff's request regarding reports concerning inmate deaths from drug overdose and "any other reason" is overly broad, unduly burdensome, and not relevant to the issues raised by Plaintiff's claim against Defendants. Reports regarding inmate deaths occurring from 2008 to the present are relevant only if (i) the death resulted from an assault that occurred at the same protective custody yard at which Plaintiff was housed and (ii) the assault occurred while Plaintiff was housed at that yard. Such reports shall be redacted to delete all identifying information of the decedent and any other inmates. If further release of information is alleged to be a risk to security, the Defendants shall present the unredacted reports for in camera inspection with a proposed redaction for the Court's consideration.
The Court deems the issue of delivery and possession of ADOC paperwork to be a request for injunctive relief. Under 28 U.S.C. § 636(b)(1)(A), a Magistrate Judge does not have the authority to decide motions for injunctive relief. The Magistrate Judge therefore advises that the reference is ready to be withdrawn as to Plaintiff's requests for injunctive relief contained in Plaintiff's Motion to Compel (Doc. 62).
Accordingly,