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Ochotorena v. Adams

September 27, 2010

RICHARD A. OCHOTORENA, PLAINTIFF,
v.
DERRAL G. ADAMS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DENYING PLAINTIFF'S MOTION TO COMPEL (DOC. 80)

PLAINTIFF'S RESPONSE, IF ANY, DUE WITHIN TEN (10) DAYS

Plaintiff Richard A. Ochotorena ("Plaintiff") is a California state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff's complaint, filed November 30, 2005, against Defendants Adams, Kalkis, Reynoso, Curtiss, Duncan, Fambrough, Lane, and Rodriquez ("Defendants").*fn1 Plaintiff alleges that on September 8, 2003, while incarcerated at the California Substance Abuse Treatment Facility ("SATF"), Defendants violated his Eighth Amendment rights when excessive force was used against him.

On November 10, 2008 and December 30, 2008, Plaintiff filed motions to compel. On July 6, 2009, the Court granted in part and denied in part Plaintiff's motions to compel. On July 30, 2009 and September 28, 2009, Plaintiff filed motions to compel. On March 19, 2010, the Court granted in part and denied in part Plaintiff's motions to compel. Pending before the Court is Plaintiff's motion to compel, filed May 6, 2010. Defendants filed an opposition on May 25, 2010. Plaintiff filed his reply on June 7, 2010. The matter is submitted pursuant to Local Rule 230(l).

I. Defendant Adams

Plaintiff seeks to compel further response from Defendant Adams as to Requests for Production Nos. 1, 2, 3 and 4, Set No. One.

Request No. 1*fn2

Produce the Video Surveillance Institutional Operational Procedure Plan for Facility "C" at CSATF and State Prison at Corcoran on September 8, 2003.

Defendant Adams maintains that he is no longer the Warden at CSATF, and has no authority or control over any employees at SATF, and only authority over some individuals at his current posting as acting Chief Deputy Warden at Calipatria State Prison. (Defs.' Opp'n 3:18-28.) Defendant Adams cites to section 3380(a), Title 15 of the California Code of Regulations.*fn3 Request No. 2: Produce the surveillance tape from all active camera angles of video footage of the Facility "C," program office and medical area on September 8, 2003, relative to CSATF log No. 03-3924.

Defendant Adams contends that the relevant footage does not exist to the best of his knowledge. Defendant Adams does not believe that SATF retained any footage from September 8, 2003. Defendant Adams also reiterates his contention that because he is no longer the Warden at SATF, he has no authority over employees there, and thus cannot produce the requested documents.

Plaintiff requests a subpoena duces tecum be served on the Warden of SATF for the production of this videotape footage in the event that the Court denies Plaintiff's motion to compel. (Doc. 81.)

Defendant Adams states that he has no control over employees at SATF, and thus has no authority to demand the production of any videotape from SATF on September 8, 2003. It is undisputed that Defendant Adams is not the current Warden of SATF. The Court will accept Defendant's response as sufficient, and deny Plaintiff's motion to compel as to Request Nos. 1 and 2. However, Plaintiff's request is reasonably calculated to lead to the discovery of admissible evidence. Accordingly, the Court will issue a subpoena duces tecum on the Warden of SATF and his agents by separate order.

Request No. 3: Produce video surveillance tape footage of normal inmate movement from all active angels [sic] of the Facility "C," program office and medical area of CSATF and State Prison at Corcoran.

Plaintiff contends that this footage will demonstrate normal inmate movement at SATF. Plaintiff appears to contend that showing the normal inmate movement on any general day will demonstrate that the area encompassed during his escort is a blacktop walkway with persons walking to and from. Plaintiff contends that departmental policy mandates that any time there is an alarm, unusual occurrence, or incident, the videotape of that incident is to be placed into evidence. Plaintiff has not sufficiently explained the relevancy of videotape footage from a normal day. This request is not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff's contention, that videotape footage on September 8, 2003 ...


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