Saad et al v. Dearborn Heights, City of et al, No. 2:2011cv10103 - Document 38 (E.D. Mich. 2011)
Court Description: ORDER granting in part and denying in part 24 Motion to Compel. Signed by Magistrate Judge Mark A. Randon. (Miles, M)
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Saad et al v. Dearborn Heights, City of et al Doc. 38 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOSEPH SAAD, Individually, ZIHRA SAAD, Individually, Plaintiffs, v. CASE N0: 2:11-cv-10103-SJM-MAR HON. PATRICK J. DUGGAN MAGISTRATE JUDGE MARK A. RANDON CITY OF DEARBORN HEIGHTS, SCOTT KELLER, Individually and in his official capacity; CARRIE CATES, Individually and in her official capacity; RESERVE OFFICER NASON, Individually and in his official capacity; GREG GONDEK, Individually and in his official capacity; JERRY SKELTON, individually and in his official capacity; and JOHN DOE OFFICERS I-XXX, Individually and in their official capacities, Defendants. _____________________________________________/ ORDER GRANTING IN PART/DENYING IN PART PLAINTIFFS' MOTION TO COMPEL (DKT NO. 24) AND GRANTING DEFENDANTS COUNTER-MOTION FOR PROTECTIVE ORDER (DKT. NO 32). This matter is before the Court on Plaintiffs’ motion to compel discovery (Dkt No. 24), and Defendants’ response and counter-motion for a protective order (Dkt No. 32). The Court having reviewed Plaintiffs’ motion and Defendants’ response and counter-motion, and being otherwise fully advised following a hearing on November 17, 2011: IT IS ORDERED that Defendant, the City of Dearborn Heights, shall produce, in redacted form revealing only factual information, the two citizen complaints against Officer Keller, within fourteen (14) days of the entry of this Order. IT IS FURTHER ORDERED that Defendants shall produce the insurance policy identified in their prior discovery responses. Dockets.Justia.com IT IS FURTHER ORDER that Defendant, the City of Dearborn Heights, shall state, as part of its documents production regarding the citizen complaints, that no other citizen complaints exist, and that in the event any citizen complaints are subsequently discovered, those will also be produced in accordance with the obligation to supplement discovery responses. IT IS FURTHER ORDERED that Defendant, the City of Dearborn Heights, request for a protective order is granted, and the City of Dearborn Heights shall produce only those Police Department Policies and Procedures, designated by Plaintiffs at the November 17, 2011 hearing, within fourteen (14) days from the entry of this Order, subject to the following terms and conditions: 1. Production of the policies and procedures of the Dearborn Heights Police Department does not constitute a waiver of Defendants’ objections to their use, applicability or admissibility in this litigation or any other litigation. 2. The production of the policies and procedures of the Dearborn Heights Police Department is for discovery purposes in this litigation only, shall be maintained in confidence by counsel, except as set forth in Paragraph 4, and shall be used only for the purpose of this litigation and no other purpose. 3. The production of the policies and procedures of the Dearborn Heights Police Department does not waive or limit Defendants’ ability to pursue subsequent motions in limine, motion for protective order, or motion for summary judgment regarding these documents, their applicability or admissibility in this litigation or any other litigation. 4. The policies and procedures of the Dearborn Heights Police Department may be used as necessary by Plaintiff's Counsel in this case, including at depositions, filings with the court, court proceedings and at trial to the extent admissible. Plaintiff's Counsel may also disclose such 1 information to his staff, to Plaintiff, and to expert witnesses in this litigation. Plaintiff's Counsel shall advise such individuals of the substance of this Protective Order and that they are bound by its terms. 5. Plaintiff, her attorneys, and experts are bound by these terms through stipulation of Plaintiff’s counsel to this Order and each agrees that all copies are to be returned to counsel for the City of Dearborn Heights by plaintiff’s attorney upon conclusion of this litigation, including all appeals. s/Mark A. Randon Mark A. Randon United States Magistrate Judge Dated: November 30, 2011 APPROVED AS TO FORM: By: with consent of /n/hadous By: /p/sturdy (57466) NEMER N. HADOUS, for Plaintiffs PATRICK R. STURDY (P57466) for Defendants Certificate of Service I hereby certify that a copy of the foregoing document was served on the parties of record on this date, November 30, 2011, electronically. s/Melody R. Miles Case Manager to Magistrate Judge Mark A. Randon (313) 234-5542 2 EXHIBIT A NOVEMBER 17, 2011, DESIGNATED LIST OF DEARBORN HEIGHTS POLICE DEPARTMENT’S POLICIES AND PROCEDURES Chapter 1: Administration & Organization Section 1. Section 2. Section 3. Section 4. Organization Job Responsibilities Organizational Chart Issuance of Orders Chapter 2: General Duty Responsibilities Section 1. Section 2. Section 3. Section 4. Section 15. Section 16. Section 17. Section 18. Section 19. Section 21. Section 22. Section 24. Section 25. Section 26. Section 27. Section 28. General Responsibilities Duty Responsibilities Accountability Assuming Responsibility Transportation of Prisoners Patrol Vehicle Crews to Occupant Front Seat Crime and Accident Investigation Writing Report When Necessary Service Reporting Enforcement of City Ordinances Patrol Response Patrol Unit Personnel Emergency Transportation Operation of Patrol Units Care of Patrol Units Care of Department Property Chapter 3: Personal Conduct Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. General Conduct Chain of Command Truthfulness Respect Toward Other Members Obedience to Orders Unlawful Orders Obedience to Unlawful Orders Obedience to Unjust or Improper Orders Page 1 of 3 Section 9. Section 10. Section 11. Section 12. Section 13. Conflicting Orders Insubordination Condemning Orders Criticism of City or Department Criticism of Officers Section 14. Section 15. Section 16. Section 17. Section 32. Section 33. Section 34. Section 35. Section 36. Section 37. Section 41. Section 42. Section 43. Section 46. Obedience of Laws and Regulations Misconduct Toward Prisoners Availability While On Duty Official Information Wilful Disobedience of Rules, Orders, Policy or Procedures Conduct Unbecoming an Officer Disrespect to a Superior Officer Neglect of Duty Inattention to Duty Incompetence Ignorance of Rules, Regulations, Policy or Procedures Failure to Report Known Violation Seizing Property Abuse of Authority Chapter 4: Disciplinary Procedures Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Persons Subject to Disciplinary Action Departmental Authority to Discipline Emergency Suspensions Initiation of Disciplinary Process Elements of a Report on Reprimand Distribution of Report on Reprimand Departmental Investigations Interfering With Disciplinary Process or Departmental Investigation Establishing Elements of Violation Disposition Reports Chapter 5: Station and Supervisory Policies Internal Affairs Management Notification for Critical Incident Warrant Arrests Chapter 7: Officer Response Policies Domestic Violence Response Page 2 of 3 Reporting Nuisance Alarm Complaints Response to Aggression/Resistance (Use of Force) Chapter 9: Electronics and Technology Policies Use of Electronic Systems and Tools Mobile Video Recording Equipment Recording Devices Tampering with Electronic Equipment Chapter 10: Investigative Bureau Policies Criminal and Traffic Case Processing Chapter 11: General Policies Radio Procedures Page 3 of 3
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