Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sherrod v. Harkleroad

United States District Court, W.D. North Carolina, Asheville Division

December 18, 2017

MARION LAMONT SHERROD, Plaintiff,
v.
SID HARKLEROAD, et al., Defendants.

          ORDER

          Robert J. Conrad, Jr., United States District Judge

         THIS MATTER comes before the Court on Plaintiff's Motion to Reopen Discovery, (Doc. No. 173), which Defendant Patricia McEntire opposes, (Doc. No. 176).

         I. BACKGROUND

         Plaintiff Marion Lamont Sherrod filed a pro se civil rights suit pursuant to 42 U.S.C. § 1983 alleging federal constitutional violations while he resided at the Marion Correctional Institution. A trial has been scheduled to commence on March 5, 2018, on Plaintiff's Eighth Amendment claim against the sole remaining defendant, Patricia McEntire. Plaintiff filed the Complaint pro se and represented himself through discovery and dispositive motions. However, pro bono counsel entered appearances for Plaintiff on September 19, 2017. Counsel now seeks to reopen limited discovery as set forth in a detailed motion, arguing that Plaintiff was unable to obtain the discovery for himself due to his pro se, indigent, incarcerated status. (Doc. No. 173). He now seeks the following:

a. Depositions of: (a) McEntire; (b) a Rule 30(b)(6) witness to testify on item 2 below and the lack of video footage of Mr. Sherrod's medical emergencies; (c) one medical professional who treated Mr. Sherrod-likely Jollae Ballard or Connie Chapman, depending on further analysis; and (d) Sgt. Eric Wilson, who was involved in denying Mr. Sherrod's request for a lower-tier cell;
b. MCI Policies and Procedures1 on: (a) retention of surveillance footage; (b) escorting inmates; (c) cell assignments/transfers, including for handicap cells; (d) accommodating medical conditions; (e) inmate requests/grievances; and (f) Unit Managers' duties;
c. For November 7-17, 2009: (a) MCI E-Unit Shift Narratives and/or other documents showing MCI personnel activity with respect to Mr. Sherrod; (b) his Segregation Health Evaluation Logs (DC-802); and (c) all communications regarding Mr. Sherrod's medical emergencies;
d. All medical records for Mr. Sherrod not already produced;
e. All records given to MCI in connection with Mr. Sherrod's transfer to MCI;
f. All documents reflecting Mr. Sherrod's cell placements at MCI, including all documents relating to the assessment of Mr. Sherrod's need for a lower-tier cell;
g. All activity restriction forms for Mr. Sherrod (including on Form DC-386B);
h. Legible copies of NCDOC Administrative Remedy Procedure Grievance Forms (DC-410) filed by Mr. Sherrod on November 14, 2009 and January 3, 2010, and all documents relating to those grievances; and
i. Ten interrogatories directed to ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.