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SHULTZ v. ALLEGHENY COUNTY, 2:10cv1530. (2014)

Court: District Court, W.D. Pennsylvania Number: infdco20140512853 Visitors: 6
Filed: Mar. 31, 2014
Latest Update: Mar. 31, 2014
Summary: MEMORANDUM ORDER DAVID STEWART CERCONE, District Judge. AND NOW, this 31 st day of March, 2014, upon due consideration of [133] defendants Allegheny County Correctional Health Services, Inc. ("ACCHS") and Dana Phillips' emergency motion to quash subpoena and [134] plaintiff's response thereto, IT IS ORDERED that [133] the motion be, and the same hereby is, denied. Defendant ACCHS shall produce employee Valerie Slepsky for deposition at a time mutually convenient for the parties on or before
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MEMORANDUM ORDER

DAVID STEWART CERCONE, District Judge.

AND NOW, this 31st day of March, 2014, upon due consideration of [133] defendants Allegheny County Correctional Health Services, Inc. ("ACCHS") and Dana Phillips' emergency motion to quash subpoena and [134] plaintiff's response thereto, IT IS ORDERED that [133] the motion be, and the same hereby is, denied. Defendant ACCHS shall produce employee Valerie Slepsky for deposition at a time mutually convenient for the parties on or before April 4, 2014.

A defendant is required to produce its employees for deposition upon notice of deposition. Relevant information need not be admissible at the trial to be discoverable; what is required is that the discovery appears to be reasonably calculated to lead to the discovery of admissible evidence. Fed. R. Civ. P. 26. Post-event evidence may be admissible for purposes of proving the existence of a policy or custom. See Monaco v. City of Camden, CIV.A. 04-2406, 2008 WL 8738213 (D.N.J. Apr. 14, 2008) ("multiple courts have held that `post-event evidence is not only admissible for purposes of proving the existence of a municipal defendant's policy or custom, but [it may be] highly probative with respect to that inquiry.'" (quoting Henry v. County of Shasta, 132 F.3d 512, 519 (9th Cir. 1997); see also Beck v. City of Pittsburgh, 89 F.3d 966, 973 (3d Cir. 1996) (post-incident evidence "may have evidentiary value for a jury's consideration [of] whether [policymakers] had a pattern of tacitly approving the use of excessive force").

Source:  Leagle

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