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Sherrod v. Harkleroad
United States District Court, W.D. North Carolina, Asheville Division
December 18, 2017
MARION LAMONT SHERROD, Plaintiff,
SID HARKLEROAD, et al., Defendants.
J. Conrad, Jr., United States District Judge
MATTER comes before the Court on Plaintiff's
Motion to Reopen Discovery, (Doc. No. 173), which Defendant
Patricia McEntire opposes, (Doc. No. 176).
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
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
i. Ten interrogatories directed to ...
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