Tomarcus Porter v. Caleb Lemire, Et Al.

District Court, E.D. Louisiana·Decided July 8, 2026·No. 2:24-cv-00504·Unknown

Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

TOMARCUS PORTER * CIVIL ACTION

VERSUS * NO. 24-504

CALEB LEMIRE, ET AL. * SECTION “E” (2)

ORDER AND REASONS

Pending before me is Plaintiff Tomarcus Porter’s Motion to Compel Discovery Responses. ECF No. 139. Defendants Gavin “Caleb” LeMaire, Dustin Luper, Thomas Mitchell and Lance Wallace timely filed an Opposition Memorandum, and Plaintiff filed a Reply Memorandum. ECF Nos. 140, 141. No party requested oral argument in accordance with Local Rule 78.1, and the Court agrees that oral argument is unnecessary. Having considered the record, the submissions and arguments of counsel, and the applicable law, Plaintiff’s Motion to Compel is GRANTED IN PART AND DENIED IN PART for the reasons stated herein. I. BACKGROUND At the relevant time, Plaintiff was an inmate at Rayburn Correctional Facility in Angie, Louisiana. ECF No. 132 ¶ 3. Plaintiff alleges that correctional facility officers subjected him to a pattern of abuse, harassment and brutalization after his arrival in January 2021 and through the incidents at issue in this case. Specifically, Plaintiff has sued four correctional officers alleging that they used excessive force against him in three incidents (5:15 a.m., 5:37 a.m., and 9:50 p.m.) on September 8, 2021, which he alleges were in retaliation for a verbal altercation he had with another officer on September 6, 2021. Id. ¶¶ 4-7, 9, 27, 42-43, 68, 95. Plaintiff brings, among others, claims under 42 U.S.C. § 1983 (excessive force and failure to train and supervise) and state law assault and battery. Id. ¶¶ 164-185. Plaintiff issued a First Set of Requests for Production on February 10, 2026, and Defendants responded on March 20, 2026. ECF Nos. 139-6, 139-7. Plaintiff now seeks an order compelling Defendants to produce documents in response to RFP Nos. 1, 2, 8 and 13. ECF No.

139. Plaintiff asserts that, as narrowed,1 RFP 1 seeks all incidents of use of force against him, but

1 ECF No. 139-1 at 5 (describing how the requests were narrowed). The full requests (ECF No. 139-6) and responses (ECF No. 139-7) read: REQUEST FOR PRODUCTION NO. 1: All documentation concerning uses of force at Rayburn involving Mr. Porter in the three years prior and in all years after the September 8, 2021, Incidents. This requested production is proportional to the needs of the case because the information sought will show, inter alia, the history of interactions between Mr. Porter and officers at Rayburn and thus contextualize the parties’ subjective knowledge and make plain the reasonableness of inferences from evidence related to the September 8, 2021, Incidents. RESPONSE TO REQUEST FOR PRODUCTION NO. 1: Respondent objects to the extent that this Request is overbroad, not reasonably calculated to lead to the discovery of admissible evidence based on the allegations and is not proportional to the needs of the case. First, Plaintiff was not housed at Rayburn for the three years preceding the incident. As alleged in the Complaint, he was transported to Rayburn as of January 19, 2021 (less than nine months prior to the alleged incidents). Second, the Request is not limited to incidents involving the Defendants herein, but any “officer” at Rayburn, which is overbroad and is not proportional to the needs of the case for plaintiff’s allegations against these defendants on a single day. Additionally, Plaintiff’s allegations claim that the uses of force stemmed from an incident with Charles Wallace, a non-defendant, stating “Watch my smoke” on September 7, 2021, one day before the incidents, which was characterized as a “personal vendetta” sparked based on the events of September 7, 2021. Given the allegations in the Complaint, any uses of force prior to the “exchange of words” on September 7, 2021, which allegedly sparked a “personal vendetta”, are not relevant to these claims and not proportional to the needs of the case as alleged.

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