Jordan v. Georgia Department of Corrections, No. 17-12948 (11th Cir. 2020)Annotate this Case
On petition for rehearing, the Eleventh Circuit vacated and reconsidered its original opinion, substituting the following opinion.
The court affirmed the district court's grant of GDC's motion to quash plaintiffs' subpoena directing GDC to testify at a Rule 30(b)(6) deposition and to produce documents concerning Georgia's lethal injection protocol. Plaintiffs argued that the information was necessary to support their 42 U.S.C. 1983 claims pending in the Southern District of Mississippi challenging the legality of Mississippi's lethal injection protocol.
The court held that the district court applied the correct standard of review, the clearly erroneous or contrary-to-law standard, to the magistrate judge's ruling on the motion to quash. The court also held that the district court did not abuse its discretion by affirming the magistrate judge's ruling to grant GDC's motion to quash where the relevance of the information sought in the GDC subpoena to the pending section 1983 litigation was highly questionable; the subpoena subjected GDC to an undue burden which mandated the quashing of the subpoena under Rule 45(d)(3)(A)(iv); and compliance with plaintiffs' subpoena would impose an undue burden on the State of Georgia.
This opinion or order relates to an opinion or order originally issued on November 19, 2018.