Green v. District of Columbia

134 F.R.D. 1, 1991 U.S. Dist. LEXIS 1977, 1991 WL 19766
CourtDistrict Court, District of Columbia
DecidedFebruary 13, 1991
DocketCiv. A. No. 90-793
StatusPublished
Cited by7 cases

This text of 134 F.R.D. 1 (Green v. District of Columbia) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Green v. District of Columbia, 134 F.R.D. 1, 1991 U.S. Dist. LEXIS 1977, 1991 WL 19766 (D.D.C. 1991).

Opinion

MEMORANDUM OPINION

THOMAS F. HOGAN, District Judge.

Now before the Court is the plaintiffs’ Second Motion for Sanctions. The Court, having considered the plaintiffs’ written submissions concerning this matter and the defendants’ representations in open court, shall grant the plaintiffs’ Second Motion for Sanctions for the reasons stated in open court at the hearing on this matter held on February 13, 1991, and for the reasons set forth below.

Statement of Case

This is a class action challenging the conditions in prisons with which the District of Columbia has contracted to house prisoners in the custody of the District of Columbia prisons. Essentially, the plaintiffs challenge the constitutionality of housing prisoners in state and county facilities throughout the United States which allegedly fail to provide adequate law libraries, medical facilities and educational and training programs. This lawsuit was filed in response to the nearly 100 pro se transferred prisoner complaints pending in this Court against defendants. Over half of these complaints were filed by inmates of one Texas prison—the Zavala County Detention Center (“Zavala”). Nearly twenty percent of all transferred prisoners at one time resided at Zavala.

On April 5, 1990, plaintiffs Edward Green and Ernest DeGraffin filed this lawsuit on behalf of all persons convicted of crimes who are or will be inmates in non-[2]*2federal correctional institutions not operated by the District of Columbia. This Court certified the class on July 27, 1990.

Discovery in the Case

On April 23, 1990, plaintiffs filed and served their First Set of Document Requests and First Set of Interrogatories. The defendants neither responded to the requests nor filed an extension of time in which to respond. On June 15, 1990, plaintiffs filed a Motion to Compel. Without responding to plaintiffs’ discovery requests, defendants moved for an enlargement of time to respond to the motion to compel, then requested an indefinite stay of discovery.

On August 23,1990, the Court denied the defendants' motion for a stay and entered an Order requiring the defendants to produce the requested information and documents by September 19, 1990.

On September 20, 1990, defendants produced minimal information and failed to respond to a majority of the discovery requests. In response, plaintiffs moved for sanctions and for a second order requiring production.

On September 26, 1990, at a status conference in this case, the Court found that the defendants were in “blatant disregard” of the Court’s order insomuch that the interrogatories had never been answered and only minimal documents had been produced. The Court noted then that the defendants had already filed nine extensions of time and that efforts to move forward with discovery were being frustrated by the actions of the defendants. Accordingly, the Court ordered attorneys’ fees and held that the defendants’ objections to the discovery requests were waived as a matter of law. The Court warned the defendants at that time that additional sanctions would be considered and that failure to file timely responses would result in sanctions “such as striking defenses raised in this case and ultimately will be a default if there has to be.” The Court then, again, ordered the defendants to fully comply with the discovery requests by October 18, 1990.

On October 18, 1990, the defendants again only partially responded to the document requests. One of the most significant deficiencies in the defendants’ response was their failure to provide virtually any information concerning Zavala. After further prodding by the plaintiffs, defendants produced supplemental responses on December 5, 1990. However, these responses, as well, failed to comply with the Court’s order requiring complete responses to the plaintiffs’ discovery requests. Again, the defendants’ supplemental response fails to include information relating to Zavala, the facility which, more than any other, gave rise to this suit.

At the December 19, 1990, status conference in this case, these discovery deficiencies were called to the Court’s attention. Defendants stated that it was next to impossible to obtain information from the Zavala authorities who allegedly were in the midst of an administrative transition. Further, defendants indicated that the class members were being removed from Zavala and that their removal would make it virtually impossible to obtain information from Zavala.

At that time, the Court indicated that the removal of the prisoners did not excuse the defendants from producing information concerning Zavala since the first Court order requiring the production of that information was issued four months prior to the transfer of the prisoners from Zavala. The Court found that it was the defendants’ obligation to produce the requested information while the prisoners are located at a facility.

Still, the defendants failed to comply with the Court’s orders. Today, defendants’ responses are grossly inadequate. Although the deficiencies are too numerous for the Court to address individually, the Court takes notes that the following deficiencies, inter alia, still remain:

(1) Defendants have failed to describe any of the procedures or policies of the law library available to class members at Zavala;
(2) Defendants have failed to describe the contents of the law libraries in the [3]*3Zavala, Ely, Stutsman, and Southwest Multi-County facilities;
(3) Defendants have failed to produce any documents relating to the availability of programs at Zavala and the Zavala County Jail;
(4) Defendants have failed to identify the medical equipment, supplies and medications available at the infirmaries at Zavala County Jail or Southwest MultiCounty.

The Court could list further deficiencies. However, additional examples would only reinforce the Court’s finding that the defendants have failed to comply with the Court’s orders requiring complete responses to the plaintiffs’ discovery requests.

On January 15, 1991, plaintiffs filed their Second Motion for Sanctions, asking the Court to order the facts as asserted by the plaintiffs in their complaint to be held as true. The defendants were to file an opposition to the motion by January 28, 1991. On January 28, defendants filed a motion for enlargement of time. The Court gave the defendants until January 30 to respond to the Second Motion for Sanctions. In granting that extension, however, the Court indicated that it would not grant any more extensions. The defendants filed for a second extension on January 30, 1991 which was denied by the Court. The defendants were allowed to present their opposition in open court at the February 13, 1990 hearing.

Analysis

The Court has found in the past and finds again that the defendants have willfully failed to comply with the Court’s order requiring complete discovery responses. The remaining question for the Court is whether the sanction requested by the plaintiffs is appropriate.

Federal Rule of Civil Procedure 37(b)(2) provides a broad range of sanctions, including:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lussier v. Subaru of N.E.
D. New Hampshire, 2000
Webb v. District of Columbia
189 F.R.D. 180 (District of Columbia, 1999)
Schaffer v. Timberland C o .
D. New Hampshire, 1996
Hirsch v. General Motors Corp.
628 A.2d 1108 (New Jersey Superior Court App Division, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
134 F.R.D. 1, 1991 U.S. Dist. LEXIS 1977, 1991 WL 19766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-district-of-columbia-dcd-1991.