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.

Joe Felder, 02a0644 v. Correction Officer Diebel and Correction

September 28, 2012

JOE FELDER, 02A0644, PLAINTIFF,
v.
CORRECTION OFFICER DIEBEL AND CORRECTION OFFICER HULTON, DEFENDANTS.



The opinion of the court was delivered by: H. Kenneth Schroeder, Jr. United States Magistrate Judge

DECISION AND ORDER

Pursuant to 28 U.S.C. § 636(c), the parties consented to the assignment of this case to the undersigned to conduct all proceedings in this case, including entry of final judgment. Dkt. #20.

Plaintiff filed this pro se action on or about April 26, 2010 seeking relief pursuant to 42 U.S.C. § 1983 in connection with alleged excessive use of force incidents that took place on July 18, 2009 and August 6, 2009, while plaintiff was housed at the Attica Correctional Facility ("Attica"). Dkt. #1. The parties have been engaged in the exchange of paper discovery and presently pending is plaintiff's Motion to Compel. Dkt. #31. By this motion, plaintiff reiterates several of his requests for the disclosure of documents. Based on the response to the instant motion filed by defendants Diebel and Hulton (Dkt. #33), defendants have previously responded to these requests and in certain instances, previously disclosed the requested documents. Accordingly, for the reasons set forth below, plaintiff's motion is denied.

FACTS*fn1

In his Complaint plaintiff alleges that on July 18, 2009, "Correctional Officer Diehl [sic] pulled me out of line as gallery was going to afternoon recreation and after recreation run was complete choked me tightly with his right hand and slapped me twice with all his force force [sic] for supposedly looking at him two year's [sic] prior with an evil eye." Dkt. #1, p.5. As against, defendant Hulton, plaintiff alleges in his second claim, that on August 6, 2009, defendant Hulton "threatened me with bodily harm for grieving his co-worker Diehl [sic] by telling me if he catches me looking at him he'd break my 'fucking face.' And I was told this would take place anywhere in the building." Id. at pp.5-6.

As set forth in the instant motion to compel (Dkt. #31), plaintiff requests the following documents and things:

1. "Any and all grievances, complaints or other documents received by the defendants or their agents at Attica Correctional Facility concerning the mistreatment of inmates by Officer Diebel and Officer

E. Hulton and any memoranda, Investigative files or other documents created in response to such document since January 1st, 2007."

2. "Criminal complaints of both defendants Diebel, and

E. Hulton."

3. "Any log's [sic], list or other documentation reflecting grievances filed against both defendants by Attica inmates from January 1st, 2007 to the date of your response."

4. "Any and all policies, directives, or instructions to staff concerning the use of force by Attica's staff."

5. "Copy of Alphabetic employee list of B-Block Officers at Attica on date ...


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.