Dykes v. Morris

85 F.R.D. 373, 30 Fed. R. Serv. 2d 768, 1980 U.S. Dist. LEXIS 11733
CourtDistrict Court, N.D. Illinois
DecidedFebruary 28, 1980
DocketNo. 79 C 644
StatusPublished
Cited by9 cases

This text of 85 F.R.D. 373 (Dykes v. Morris) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dykes v. Morris, 85 F.R.D. 373, 30 Fed. R. Serv. 2d 768, 1980 U.S. Dist. LEXIS 11733 (N.D. Ill. 1980).

Opinion

MEMORANDUM OPINION

MAROVITZ, Senior District Judge.

Motions to Compel

Plaintiff John Dykes brings this action pro se pursuant to 42 U.S.C. § 1983, alleging violations of his right to be free from cruel and unusual punishment as guaranteed by the Eighth Amendment to the United States Constitution. Plaintiff alleges, inter alia, that while incarcerated at Stateville [375]*375Correctional Center (Stateville) he was repeatedly stabbed by a fellow inmate as a result of poor supervision by defendants of the Stateville prison population. Plaintiff seeks monetary and injunctive relief. This Court has previously held herein that plaintiff’s complaint states a claim for a violation of his Eighth Amendment right to be free from cruel and unusual punishment in view of his allegation that attacks upon inmates by fellow inmates at Stateville occurred frequently, and occurred as a result of inadequate supervision on the part of the prison officials. Dykes v. Morris, Civ.No. 79-644 (N.D.Ill., Sept. 13, 1979) (memorandum opinion denying defendants’ motion to dismiss).1

Pending before the Court is defendants’ motion pursuant to Rule 37(a)(2) of the Federal Rules of Civil Procedure to compel plaintiff to answer certain interrogatories and plaintiff’s motion to compel defendants to complete certain requested discovery. For the reasons set forth below, defendants’ motion is granted and plaintiff’s motion is granted in part and denied in part.

The Court first addresses defendants’ Rule 37(a)(2) motion. Rule 33 of the Federal Rules of Civil Procedure authorizes a party to serve upon another party, without leave of Court, written interrogatories which must be answered by the party in writing and under oath unless a valid objection is interposed. Fed.R.Civ.P. 33(a). Rule 33(b) provides, in pertinent part, that “[interrogatories may relate to any matters which can be inquired into under Rule 26(b).” Rule 26(b)(1) in turn provides, in pertinent part, that discovery may be obtained “regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action.” The concept of relevancy is to be broadly construed at the discovery stage of an action, e. g., Balistrieri v. O’Farrell, 57 F.R.D. 567 (E.D.Wis.1972), and the discovery rules are to be accorded a liberal treatment. Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385, 91 L.Ed. 451 (1947). Rule 37 sets forth the procedures to be followed to gain a party’s compliance with certain discovery, including requests made pursuant to Rule 33. Once a court grants a Rule 37 motion and orders discovery, noncompliance with the order may result in the imposition of sanctions, including dismissal of the action. Fed.R. Civ.P. 37(b)(2).

All of the interrogatories propounded by defendants in the instant case inquire into relevant areas within the meaning of Rule 26. Further, plaintiff’s response to defendants’ motion to compel does not assert any valid objection to the interrogatories. Plaintiff does contend that much of the information sought is in defendant’s possession. However, such a contention, if true, is generally of no bearing upon an otherwise appropriate discovery request. See Moore’s Federal Practice § 26.59. If plaintiff possesses the information sought, he must supply it in his answers in the absence of a valid objection; e. g., privilege or irrelevancy. Of course, if plaintiff does not possess any information sought he need only so state in his particular answer. Plaintiff’s response suggests, as defendants point out, that plaintiff misunderstands defendants’ right to request answers to interrogatories under the Federal Rules of Civil Procedure. In this connection, the preceding discussion was, in part, intended for plaintiff’s edification.

In sum, defendants’ motion is hereby granted and plaintiff is hereby ordered to answer in writing and under oath defendants’ interrogatories within 30 days of the date of this memorandum opinion. Failure to comply with this order will result, upon defendants’ motion, in the imposition of appropriate sanctions.

The Court now turns to plaintiff’s motion to compel. The information requested by plaintiff which defendants have objected to producing include: (1) all reports pertaining to stabbing incidents, assaults, beatings, [376]*376and deaths caused by other inmates from October 17, 1975 until February 1979; (2) all investigatory reports involving the above mentioned incidents; (3) all photos of inmates having been stabbed, assaulted, beaten, or killed at Stateville from October 17, 1975 to February 1979; (4) copies of all investigatory reports concerning conditions at Stateville from October 17, 1975 until February 1979; and (5) all statements made by Warden Morris regarding his resignation on August 1978. Defendants have failed to respond to plaintiff’s motion. However, defendants did assert certain objections to production of the above information at the time they otherwise complied with plaintiff’s discovery request. The Court will address those objections herein.

As to (3) and (5) above, the Court finds defendants’ objection on the ground of irrelevancy to be well-founded. Indeed, even under the broad notion of relevancy which governs the discovery stage of an action, this information is not sufficiently relevant to plaintiff’s claim. As to (4), the Court finds that plaintiff’s discovery request is overly broad. See, e. g., Belcher v. Bassett Furniture Industries, 588 F.2d 904 (4th Cir. 1978); Demeulenaere v. Rockwell Manufacturing Co., 13 F.R.D. 134 (S.D.N.Y.1952). Further, it is the Court’s opinion that any properly discoverable information which might fall within the terms of this request is embraced by the requests made by plaintiff in (1) and (2). Accordingly, plaintiff’s motion is denied insofar as it seeks production of the information in (3), (4), and (5).

As to (1) and (2), however, this type of information as a general proposition is clearly relevant to plaintiff’s claim in that the success of his claim rests upon a finding that defendants’ alleged failure to adequately supervise the Stateville inmate population was proximately caused by a pattern of inmate on inmate violence at the prison. See, e. g., Little v. Walker, 552 F.2d 193 (7th Cir. 1977); Spence v. Staras, 507 F.2d 554 (7th Cir. 1974) (due process claim); Woodhous v. Virginia,

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Bluebook (online)
85 F.R.D. 373, 30 Fed. R. Serv. 2d 768, 1980 U.S. Dist. LEXIS 11733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dykes-v-morris-ilnd-1980.