Rowlin v. Alabama Dep't of Public Safety

200 F.R.D. 459, 2001 U.S. Dist. LEXIS 6234, 2001 WL 503035
CourtDistrict Court, M.D. Alabama
DecidedMarch 27, 2001
DocketCIV. A. No. 00-D-580-N
StatusPublished
Cited by27 cases

This text of 200 F.R.D. 459 (Rowlin v. Alabama Dep't of Public Safety) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rowlin v. Alabama Dep't of Public Safety, 200 F.R.D. 459, 2001 U.S. Dist. LEXIS 6234, 2001 WL 503035 (M.D. Ala. 2001).

Opinion

MEMORANDUM OPINION AND ORDER

DE MENT, District Judge.

Two pleadings are before the court. The first is a Joint Motion For Protective Order, which was filed March 22, 2001. (Doc. No. 39.) The second is Defendants’ Objections To Magistrate’s Pre-Trial Order On Discovery, which were filed March 20, 2001. (Doc. No. 36.) After careful consideration of the arguments of counsel, the relevant law, and the record as a whole, the court finds that joint motion is due to be granted, and the objections are due to be overruled and sustained in part.

I. STANDARD OF REVIEW

A district court reviews objections to pre-trial orders under Rule 72(a) of the Federal Rules of Civil Procedure. The court “shall consider such objections and shall modify or set aside any portion of the magistrate judge’s order found to be clearly erroneous or contrary to law.” Fed. R. Civ. P. 72(a). The magistrate’s orders should not be disturbed absent a clear abuse of discretion that leaves the reviewing court with “ ‘the definite and firm conviction that a mistake has been committed.’ ” Germann v. Consolidated Rail Corp., 153 F.R.D. 499, 500 (N.D.N.Y.1994) (quoting Nikkal Indus., Ltd. v. Salton, Inc., 689 F.Supp. 187, 189 (S.D.N.Y.1988)). See generally 12 Charles Alan Wright, Arthur R. Miller & Richard L. Marcus, Federal Practice And Procedure § 3069 at 351-56 (1997).

II. FACTUAL BACKGROUND

Plaintiff is a black Alabama state trooper who alleges disparate workplace treatment via uneven application of workplace rules. Plaintiff was counseled and disciplined for several matters over the years.1 Plaintiff argues that he was treated unevenly from similarly-situated white employees because of racial animus.

One of Defendants’ arguments is that their employment decisions were based on legitimate race-neutral criteria. To undermine these reasons, Plaintiffs have requested access to the personnel files of every officer since 1996 who was counseled or disciplined for reasons similar to those contained in Plaintiffs personnel file.

Defendants complied with the magistrate judge’s order to produce more than 100 files relating to various topics that are not the subject of this opinion. They object only to the order that they must search through more than 880 personnel files for particular evidence about each trooper who was “counseled or disciplined from 1996 to the present for reasons similar to the reasons for which plaintiff was counseled,” including “all documents contained in their personnel files relating to such counseling or discipline and to their job evaluations, assignments, duties and compensation.”2

Defendants state that the discipline and counseling records in the 880 personnel files are irrelevant. They also state that document retrieval, redaction of private matters, and photocopying would work a severe hardship.

III. DISCUSSION

The court finds that Plaintiff has shown that the documents may be relevant, and Defendants have not demonstrated sufficient hardship to withhold the documents completely. However, as explained below, the court finds that the magistrate judge abused her discretion in requiring Defendants to 'produce documents in a manner [461]*461other than how they are kept in the usual course of business.3 Thus, Defendants’ objections will be overruled and sustained in part, and the scope of discovery will be limited accordingly. See Fed. R. Civ. P. 26(b)(2), 34(b).

The federal discovery rules manifest a public policy in favor of disclosure of relevant materials. Relevancy is “ ‘construed broadly to encompass any matter that bears on, or that reasonably could lead to other matters that could bear on, any issue that is or may be in the case.’ ” Coker v. Duke & Co., 177 F.R.D. 682, 685 (M.D.Ala.1998) (quoting Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 351, 98 S.Ct. 2380, 57 L.Ed.2d 253 (1978)).

Rule 26(b) seeks to promote resolution of claims on their merits and to avoid unfair surprise. Yet one unfortunate consequence of our liberal discovery rules is that lawyers often attempt to bury opposing counsel in paperwork by requesting material that they don’t really want and don’t really need. This is particularly true in the employment law context, where it is universally known that a vindictive employee, an aggressive lawyer and a couple stray comments are all that one needs to embroil any employer in protracted, expensive litigation. See EEOC v. Charoen Pokphand USA, Inc., 133 F.Supp.2d 1237, 1251 (M.D.Ala.2001).

Thus, courts have the duty to pare down overbroad discovery requests under Rule 26(b)(2), which provides that information may sometimes be withheld, even if relevant. The court should consider the totality of the circumstances, weighing the value of the material sought against the burden of providing it, discounted by society’s interest in furthering the truthseeking function. See Sanchez v. City of Santa Ana, 936 F.2d 1027, 1033-34 (9th Cir.1990) (denying § 1983 plaintiff access to personnel files of government employees because information relevant to employment case could have been obtained through interrogatories); Aramburu v. Boeing Co., 885 F.Supp. 1434, 1444 (D.Kan.1995) (same for plaintiff-employee’s request to examine 1700 personnel files).

Here, the court has little hesitation in overruling Defendants’ general objection that their personnel records are irrelevant to the showing of pretext. Disparate treatment plaintiffs often build their cases from pieces of circumstantial evidence, which cumulatively undercut the credibility of various explanations offered by the employer. See Wilson v. Martin County Hosp. Dist., 149 F.R.D. 553, 555 (W.D.Tex.1993) (“personnel files can be central to plaintiffs efforts to prove pretext.”)

Indeed, Defendants’ own Motion For Summary Judgment discusses Plaintiffs alleged misconduct at length. Consequently, it is disingenuous, indeed, to contend that Plaintiff has no right, within reason, to probe for biases by the decisionmakers who mete out discipline. See Coughlin v. Lee, 946 F.2d 1152, 1159 (5th Cir.1991) (discovery of police department’s disciplinary records).

Moreover, Plaintiffs case is brought against this state’s highest law enforcement agency. Citizens rightly hold their public agencies to high legal, moral, and ethical standards. See generally Paradise v. Prescott, 585 F.Supp. 72 (M.D.Ala.1983), aff'd, 480 U.S. 149, 107 S.Ct. 1053, 94 L.Ed.2d 203 (1987) (imposing wideranging remedial measures for promotion and hiring of minority troopers by the Department of Public Safety).

Thus, the burden shifts to Defendants to justify their objection.

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Bluebook (online)
200 F.R.D. 459, 2001 U.S. Dist. LEXIS 6234, 2001 WL 503035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rowlin-v-alabama-dept-of-public-safety-almd-2001.