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Smith v. Sharp

United States District Court, Seventh Circuit

May 24, 2013

JOSHUA A. SMITH, Plaintiff,
v.
PATROL OFFICER LINCOLN SHARP, sued in his official and individual capacities, and LESLIE SHAW, sued in his official and individual capacities, Defendants.

MEMORANDUM OPINION AND ORDER

IAIN D. JOHNSTON, Magistrate Judge.

I. Introduction

Before the court is Plaintiff's Motion for an Order Compelling Discovery of the documents requested in Plaintiffs Request to Produce Documents dated July 16, 2012 ("Plaintiffs Motion to Compel").

II. Background

On May 7, 2011, Defendants, Police Officers Lincoln Sharp and Leslie Shaw, arrested Plaintiff, Joshua Smith, for aggravated assault of a police officer and resisting or obstructing a peace officer. According to the pleadings, during the arrest, there was a physical altercation between Officer Sharp and Plaintiff. The alleged physical altercation occurred during the Defendants' investigation of a domestic disturbance between Plaintiff and his girlfriend at the time in Dixon, Illinois.

On December 23, 2011, Plaintiff filed this lawsuit alleging claims under 42 U.S.C. ยง 1983, including excessive force, false arrest, and illegal seizure against Officers Sharp and Shaw. Plaintiff also asserts common law claims of assault and battery against both Defendants.

Officers Sharp and Shaw filed a Motion to Stay Proceedings on December 14, 2012 pending resolution of a concurrent state criminal action pending against Plaintiff in Lee County. In December, 2012, Plaintiff pleaded guilty to one count of misdemeanor aggravated assault in violation of 720 ILCS 5/12-2(a) in connection with the May 7, 2011 incident involving Officer Sharp. Officers Sharp and Shaw withdrew their Motion to Stay on January 8, 2013 following resolution of the state criminal action.

Plaintiff served the Defendants with his First Set of Requests to Produce on July 16, 2012. In that document, Plaintiff makes six requests for production:

1. "[t]he defendants [sic] oath of office and safety certificate signed upon thier [sic] employment with the Dixon Police Department." (Plaintiff's Motion to Compel at 1.)
2. "[t]he complete and unredacted mission statement of the Dixon Police Department." (Plaintiffs Motion to Compel at 1.)
3. "[t]he defendants [sic] employment history and disciplinary record with the Dixon Police Department." (Plaintiffs Motion to Compel at 1.)
4. "[t]he complete and unredacted policy of the Dixon Police Department on arrest, use of force, and handling subjects." (Plaintiff's Motion to Compel at 1.)
5. "[t]he complete and unredacted file held by the Dixon Police Department on or about the plaintiff, Joshua A. Smith." (Plaintiffs Motion to Compel at 1.)
6. "[t]he complete and unredacted file of all police incident reports involving the plaintiff or the plaintiffs property." ...

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