United States District Court, E.D. California
RANDY M. CORDERO, Plaintiff,
NICK GUZMAN, et al., Defendants.
KENDALL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE
is a state prisoner, proceeding through counsel, with a civil
rights action pursuant to 42 U.S.C. § 1983. On March 30,
2017, a hearing was held before the undersigned regarding
plaintiff's motions to compel. (ECF No. 142, 143.) Tyler
Young and Meryn Grant appeared on behalf of plaintiff. Deputy
Attorney Diana Esquivel appeared on behalf of defendant
Guzman. Request for Production of Documents Addressed to
Defendant (ECF No. 142)
moved to compel further responses to request for production
of documents nos. 18 and 19 addressed to defendant Guzman.
(ECF No. 142.)
Request No. 18: All documents concerning your job performance
and training from the inception of your employment with the
CDCR in 2003 to present, including documents from your
personnel file, supervisory file, employee relations office
file, investigative services unit file, or other records
concerning: reports of previous incidents involving the use
of force; complaints, grievances and appeals related to the
treatment and supervision of inmates; performance reviews;
promotions or demotions; disciplinary actions; internal
investigations; demerits; critiques; formal or informal
criticisms; reprimands; corrective actions; adverse actions;
letters of instructions; warnings; reference to training,
counseling, or other programs; citizen complaints; inmate
appeals; officer grievances; suspensions or terminations; and
current, former or pending litigation.
Request No. 19: All documents concerning any pending or
closed investigations into correctional officer conduct, from
the inception of your employment with the CDCR in 2003 to
present, in which you were involved either as a witness or a
subject, including any records indicating that corrective or
adverse actions were undertaken.
response to these requests, defendant limited his responses
to records from November 9, 2006, to November 9, 2013.
Following the hearing, the undersigned generally agreed with
defendant that limiting the responses to records from
November 9, 2006, to November 9, 2013, was appropriate.
However, at the hearing and in their pleadings, the parties
discussed specific categories of documents sought in these
requests. The undersigned addresses these specific categories
of documents herein.
regard to documents regarding defendant's job performance
and job training, following the hearing the undersigned
ordered defendant to produce all relevant documents from
November 9, 2006, to November 9, 2013, with the exception of
documents addressing defendant's demotion or disciplinary
actions received for the excessive use of force. Defendant is
ordered to produce job performance documents addressing his
demotion or disciplinary actions received for the excessive
use of force from the inception of his career at CDCR through
November 9, 2013.
addition, as discussed at the hearing, while defendant's
pre-October 2014 training records from High Desert State
Prison (“HDSP”) have been lost, defense counsel
shall inquire of defendant to determine whether defendant
himself has any of these lost materials.
informed the court that he inadvertently received
defendant's December 2014 performance evaluation. For the
reasons discussed at the hearing, defendant is not required
to produce this document.
regard to “837” Incident Reports, following the
hearing, the undersigned ordered defendant to produce the
“837” Incident Reports regarding his three prior
incidents involving his use of the 40 mm launcher as well as
the “837” Incident Report based on the incident
involving plaintiff. Defendant is also ordered to produce all
“837” Incident Reports from the inception of his
employment at CDCR to November 2013 involving his excessive
use of force for which he was demoted or disciplined.
the hearing, the undersigned ordered defendant to produce all
staff complaints from November 9, 2006, to November 9, 2013,
that resulted in defendant's demotion or disciplinary
action as a result of excessive force. Request for
Production of Documents Addressed to Third Party Witnesses
(ECF No. 143)
requested documents from third party witnesses bearing on
their character for truthfulness, i.e., staff complaints and
employment related actions involving dishonesty or submitting
false documents or information from January 1, 2008, to the
present. Following the hearing, the undersigned ordered
defendant to produce these documents from January 1, 2008, to
November 9, 2013.
also requested documents from first responders Officers Green
and Greer concerning their involvement in other comparable
incidents, i.e., where pepper spray or a 40 mm launcher was
used to quell an altercation between inmates. As discussed at
the hearing, these documents are not sufficiently relevant to