Watkins v. Nielsen

405 F. App'x 42
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 16, 2010
DocketNo. 10-2366
StatusPublished
Cited by16 cases

This text of 405 F. App'x 42 (Watkins v. Nielsen) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watkins v. Nielsen, 405 F. App'x 42 (7th Cir. 2010).

Opinions

ORDER

Victor Watkins sued a prison doctor under 42 U.S.C. § 1983 while he was incarcerated in Illinois. The district court recruited counsel to represent Watkins but eventually dismissed the suit as a sanction for noncompliance with discovery and scheduling orders. Because the district court did not abuse its discretion, we affirm the judgment.

Watkins filed suit pro se, claiming that three prison employees violated the Eighth Amendment by failing to treat his schizophrenia. Watkins alleged that the defendants knew he had been diagnosed with schizophrenia before his incarceration, and yet they refused to provide him with anti-[43]*43psychotic medication. His untreated schizophrenia, he said, caused him to hear voices while in segregation for six months. The district court dismissed two of the defendants at screening, see 28 U.S.C. § 1915A, but allowed the suit to proceed against Dr. James Nielsen, a physician at the prison.

Watkins, proceeding in forma pauperis, then asked the district court to recruit a lawyer to assist him. Watkins explained that he needed help prosecuting his case due to his mental impairment. The district court agreed and enlisted a lawyer to represent Watkins. Counsel entered her appearance on September 17, 2008, and continues to represent Watkins on appeal.

In November 2008 a magistrate judge set a discovery deadline of June 19, 2009. In April 2009, however, plaintiffs counsel filed an unopposed motion asking to push back the discovery deadline because until then she had not heard from Watkins since his release from prison in February. In her motion counsel explained that Watkins had resumed communication but she needed more time to complete discovery. After a hearing the magistrate judge extended the deadline five months until November 19, 2009.

Shortly before that date, on November 16, 2009, the magistrate judge conducted a telephonic conference and reviewed the status of discovery, which had stalled. The court instructed Nielsen to tender his discovery requests and gave Watkins 30 days to comply. Nielsen served interrogatories and a request for production of records, including medical records, but received nothing from Watkins. Finally, in late January 2010, Nielsen filed a motion under Federal Rule of Civil Procedure 37 to compel. The magistrate judge granted the motion on January 27 and directed Watkins to respond within 10 days, warning him that failing to do so could result in dismissal of his case.

Nielsen did not receive any records from Watkins. He did receive a response to his interrogatories and request for production. Nielsen conveyed to the magistrate judge, however, that Watkins’s disclosures were incomplete, and at a status conference on February 19, 2010, the court told Nielsen to identify the deficiencies and explain how his ability to defend the suit had been prejudiced. On March 3, Nielsen faxed plaintiffs counsel a letter explaining the deficiencies. The letter indicates that the two had previously discussed why Nielsen believed Watkins’s responses to discovery failed to comply with the court’s order and informed plaintiffs counsel that Nielsen intended to file a motion to dismiss. Two days later Nielsen filed a motion to dismiss based on Rule 37.

Rather than cure the discovery deficiencies, Watkins filed a motion seeking more time to conduct discovery. The magistrate judge denied this motion, reasoning that Watkins had not established good cause for missing the discovery deadline. In a motion for reconsideration, Watkins contended that his schizophrenia had prevented him from maintaining contact with his lawyer and contributed to his failure to produce timely, adequate discovery. The district court referred the motion to reconsider to the magistrate judge, who denied it.

In his motion to dismiss, Nielsen had detailed the obvious shortcomings in Watkins’s discovery responses. For example, in response to a general inquiry about his medical treatment since 2000, Watkins answered that he had been hospitalized about 150 times but offered no details about when or where. Watkins responded to a specific inquiry about treatment for injuries related to his lawsuit by stating that he had been hospitalized several times in [44]*44St. Joseph, Illinois, but Watkins did not provide dates or identify any hospital or name any treating physician. Other answers were similarly nonresponsive. And Watkins disclosed no information when asked to state the date, time, and location of the incident underlying his complaint. Watkins did not explain or defend these answers in responding to Nielsen’s motion to dismiss.

The magistrate judge recommended that the district court grant Nielsen’s motion and dismiss Watkins’s complaint. The court noted that Watkins had gotten the discovery deadline extended and still failed to respond to discovery requests in a timely manner. And when he did respond, the court continued, his answers were incomplete and evasive, and he produced no documents. The court also cited Watkins’s failure to personally attend the final pretrial conference despite a specific order to appear. The magistrate judge concluded that sanctions were appropriate under Rule 37(b)(2) for failure to comply with the discovery order and under Federal Rule of Civil Procedure 16(f) for failure to comply with the scheduling order. Although the court weighed lesser sanctions, such as fining Watkins or barring him from introducing any undisclosed medical evidence, the court concluded that neither alternative was sound because Watkins could not afford a fine and excluding the medical evidence would have the same practical effect as dismissal.

Watkins filed timely objections to the magistrate judge’s recommendation, insisting that his schizophrenia had prevented him from prosecuting his case. Plaintiffs counsel assured the court that finally Watkins was cooperating with her and thus the lawsuit should be allowed to proceed. The district court adopted the magistrate’s recommendation and addressed Watkins’s objections. The court agreed that the discovery responses were deficient and found that Watkins had willfully violated the magistrate judge’s orders. On May 11, 2010, 2010 WL 1882059, the court dismissed the case with prejudice, basing its final decision only on Rule 37, not on Rule 16.

Rule 37(b) allows dismissal of an action as a sanction if a party “fails to obey an order to provide or permit discovery,” Fed. R.Civ.P. 37(b)(2)(A)(v), and this court reviews discovery sanctions for abuse of discretion, In re Thomas Consol. Indus., Inc., 456 F.3d 719, 724 (7th Cir.2006). A district court may dismiss a case as a sanction for discovery abuse if it finds that the party’s actions displayed willfulness, bad faith, or fault, and if dismissal would be a proportionate response to the circumstances. Collins v. Illinois, 554 F.3d 693, 696 (7th Cir.2009); Melendez v. Ill. Bell Tel. Co., 79 F.3d 661, 672 (7th Cir.1996).

Watkins’s challenge to the dismissal is vague.

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405 F. App'x 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watkins-v-nielsen-ca7-2010.