Harris v. Athol-Royalston Regional School District Committee

206 F.R.D. 30, 2002 U.S. Dist. LEXIS 5844, 2002 WL 518324
CourtDistrict Court, D. Massachusetts
DecidedApril 4, 2002
DocketCiv.A. No. 99-40164-NMG
StatusPublished
Cited by4 cases

This text of 206 F.R.D. 30 (Harris v. Athol-Royalston Regional School District Committee) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. Athol-Royalston Regional School District Committee, 206 F.R.D. 30, 2002 U.S. Dist. LEXIS 5844, 2002 WL 518324 (D. Mass. 2002).

Opinion

ORDER

SWARTWOOD, United States Magistrate Judge.

Nature of the Proceeding

The following motions have been referred to me for disposition:

1. Plaintiffs Motion For Order To Compel Production Of Fingerprint And DNA Exemplars And Adjustment To Scheduling Order (Docket No. 66); and

2. Defendant Penelope Kleinhans’ Motion For Adjustment For Scheduling Order For The Limited Purpose Of Concluding Depositions (Docket No. 78).

Background

This is essentially a civil rights action in which Plaintiffs allege that Defendants, their agents and employees, have engaged in continuing retaliation against them for their commencement of a prior lawsuit, subsequently settled against the Athol-Royalston Regional School District (“School District”). The alleged retaliation includes, among other things, the anonymous delivery of a packet of documents to a columnist of the Athol Daily News on or about June 7, 1999. The packet contained portions of Mr. Harris’ personnel records which are maintained by the School District as his employer. The materials also included handwritten comments and other markings, an anonymous hand-printed cover letter and other materials containing what appeared to be disguised handwriting. Mr. Harris has alleged that the packet was sent to the Athol Daily News by an employee or agent of the School District who had access to the documents produced, including the individual Defendants and other specified individuals. The Athol Daily News then printed some of this material which Plaintiffs allege was inaccurate, defamatory and intended to harass and intimidate Mr. Harris. Plaintiffs maintain that the identity of the person who sent the packet to the Athol Daily News is relevant to the issues of retaliation alleged by Plaintiffs in this Complaint.

I previously ordered, see Order dated April 20, 2001 (“Prior Order”), that handwriting exemplars be obtained from the following individual Defendants in this action: Penelope Kleinhans, Steven Buxton, Paul Guimond and Carla Rabinowitz. Additionally, I ordered that handwriting exemplar's be obtained from the School District’s Assistant School Superintendent, Robert Siminski and employee, Robin Hamlett.

As ordered, numerous documents bearing the known writing of all of the above individuals were obtained and on January 29, 2002, were received by Alan T. Robillard, an Examiner of Questioned Documents, hired by the Plaintiffs. Mr. Robillard identified the six writers whom I ordered to provide exemplars as K1-K6 and he refers to the writing specimens as Q1-Q26.

As a result of Mr. Robillard’s examination of the documents delivered to the Athol Daily News, he concluded as follows:

1. The questioned writing on specimen Qll was prepared by Penelope Kleinhans, the K1 writer.
2. The questioned writing on specimen Q14 may have been prepared by Penelope Kleinhans, the K1 writer.
3. The questioned writing on specimen Q14 may not have been prepared by any of the K2 through K8 writers.
4. The star-like markings on specimens Q6, Q24 and Q25 were probably prepared by the same person.
5. The star-like markings on Q7, Q24 and Q25 may have been prepared by the same person.
[32]*326. The star-like marking appearing on the right side of specimen Q15 and the Q26 marking may have been prepared by the same person.
7. The star-like marking appearing on the left side of specimen Q15 and the Q26 marking may have been prepared by the same person.
No conclusion can be reached as to whether or not any of the K1 through K8 writers prepared the questioned star-like markings on specimen Q6, Q7, Q15, Q24, Q25 and Q26 due to the highly stylized and unique form of these markings. However, in the event non-requested, normal course of business exemplars from these individuals which contain similar markings are made available for examination, conclusions may be reached as to which, if any of these individuals, prepared the questioned markings.
8. Due to one or more of the following factors: distorted, writing, limited writing, writing that lacks unique characteristics, or poor photocopy quality, it was determined that no conclusion can be reached as to whether or not any of the known writers (K1 to K8) prepared either the questioned writings or markings on specimens Ql, Q2, Q3, Q5, Q8, Q9, Q10, Q12, Q13, Q16, Q17, Q18, Q19, Q21, Q22, Q23, or the non star-like markings on specimen Q15.

See Attachment H to Plaintiffs Reply Brief (Docket No. 73).

Several of the documents in the envelope delivered to the Athol Daily News contained star-like asterisks. Superintendent Kleinhans denied that she wrote star-like asterisks on two specific documents and could not recall whether she wrote star-like asterisks on a third identified document. Plaintiffs allege that the star-like asterisks found on the documents in the anonymous packet are similar to star-like asterisks found on other discovered business documents, which they believe they can prove are more likely than not those of Superintendent Kleinhans.

Discussion

The Plaintiffs request that pursuant to Fed.R.Civ.P. 34 or 35, this Court compel those persons who previously were ordered to provide handwriting exemplars to provide fingerprints and DNA exemplars. In support of this request, Plaintiffs argue that whoever compiled the packet, wrote on it and/or sent it to the newspaper is likely to have touched it. The Plaintiffs further argue that a hair and other apparent biological matter were found clinging to the tape used to seal the envelope and that they may belong to whomever sent the packet. Defendants argue that Plaintiffs have failed to satisfy the requirements of Rule 35, that the Plaintiffs have failed to establish good cause, that the discovery requested is excessive, that the request violates the privacy rights of the individuals, that non-parties cannot be compelled to produce such discovery, and that allowing such discovery will unnecessarily prolong this litigation. I will now examine whether Plaintiffs are entitled to discovery of the requested fingerprints pursuant to Fed.R.Civ.P. 34 or 35. I will then discuss the request for DNA samples.

A. Fingerprint Analysis:

The first question presented in this motion is whether or not it is appropriate to order parties and/or non-parties to submit their fingerprints for analysis. Initially, I will determine whether production of such discovery is warranted under Rule 34 or 35. If so, I will then address whether the Plaintiffs have established that discovery is warranted in this case. Rule 34 permits a party to obtain documents and “tangible things which constitute or contain matters within the scope of Rule 26(b).” Fed.R.Civ.P. 34.

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

Related

Tate, Patrick S. v. Doe, John
W.D. Wisconsin, 2025
Edwards v. City of Vallejo
E.D. California, 2019
D'angelo v. Potter
224 F.R.D. 300 (D. Massachusetts, 2004)
McGrath v. Nassau Health Care Corp.
209 F.R.D. 55 (E.D. New York, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
206 F.R.D. 30, 2002 U.S. Dist. LEXIS 5844, 2002 WL 518324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-athol-royalston-regional-school-district-committee-mad-2002.