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- ilcd;;3:16-cv-03332_de72 RegisterActionDate "2018-10-10" @default.
- ilcd;;3:16-cv-03332_de72 RegisterActionDescriptionText "MERIT REVIEW ORDER entered by Chief Judge James E. Shadid on 10/10/2018. IT IS THEREFORE ORDERED: 1) For clarification of his claims, Plaintiff must state in writing with 14 days or on or before October 24, 2018, which Defendants were involved in the use of excessive force in the housing unit, and which Defendants were involved in the use of excessive force when he was escorted to segregation and when Plaintiff was moved into a segregation cell. 2) Plaintiff believes he can identify the one remaining John Doe Defendant after viewing the video of the incident in the housing unit. While Defendants indicated they were in the process of allowing Plaintiff to review the video in December of 2017, Defendants have now asked for additional time. 53 ; (Def. Resp., 37 ; p..1-2). Defendants state they have not yet allowed Plaintiff to view the recording and counsel for the Illinois Department of Corrections has noticed a problem with playback. Defendants MUST allow Plaintiff an opportunity to review the video within 21 days or on or before October 31, 2018, or Defendants must state in writing on or before October 31, 2018 why they did not provide Plaintiff an opportunity to view the video3) Within 21 days or on or before October 31, 2018, Defendants must identify in writing all officers who appear in the video recording and which officers were specifically interacting with the Plaintiff.4) Within 21 days or on or before October 31, 2018, Defendants are to state whether any other recordings were preserved which would show officers escorting Plaintiff to his segregation and placing Plaintiff in a segregation cell.5) Within 30 days, or on or before November 11, 2018, Plaintiff must identify in writing his final John Doe Defendant, or state why he is unable to identify this individual. If Plaintiff does not identify his final John Doe Defendant on or before November 11, 2018, his case will be dismissed. 6) The Court ordered Defendants to provide Plaintiff with a copy of the headshot taken the day after the incident before Plaintiff was transferred to another institution. In response to the motion to compel, Defendants stated they would produce photos of any inmate who was transferred and had visible injuries. (Def. Resp., 37 , p. 3). The Court ordered Defendants to provide only a copy of Plaintiff's photo. Defendants now say they do not have possession of the photo. Within 14 days or on or before October 24, 2018, Defendants are to provide Plaintiff with a copy of his photo, or explain in writing to the Court why they no longer have this photo. If they photo was not retained, Defendants must also explain the procedures for taking the photographs including how long the photographs are typically maintained. In addition, Defendants must explain why this photo was destroyed when it was previously identified in discovery.7) Plaintiff says there is one other inmate who observed the incident, received injuries, and was transferred the next day. Plaintiff is to provide the name of the inmate to Defendants within 7 days or on or before October 17, 2018. Defendants must state within 21 days or on or before October 31, 2018 whether they have this photo and provide a copy to the Court for in camera review.8) For clarification of the record, Defendants must explain in writing: a) what discipline did Plaintiff receive as a result of the July 11, 2016 incident; b) did an officer break his wrist and was this the basis of Plaintiff's discipline; and c) how many disciplinary reports were issued and why does there appear to be more than one? This information must be provided within 21 days or on or before October 31, 2018. October 31, 2018. 9) Defendants' motion for an extension of time to respond to discovery is granted as outlined in this order. 53 .10) The Court will abide by the following discovery deadlines: a) all additional discovery must be completed on or before January 7, 2019; b) any dispositive motions must be filed on or before February 22, 2019; c) a pretrial hearing is scheduled by telephone conference call on July 12, 2019 at 10:00 a.m.; and d) a jury trial is scheduled for August 19, 2019 at 9:00 a.m. See full written Order.(VH, ilcd) (Entered: 10/10/2018)" @default.
- ilcd;;3:16-cv-03332_de72 AdministrativeID "54" @default.
- ilcd;;3:16-cv-03332_de72 hasJudgeReference SJ001502 @default.
- ilcd;;3:16-cv-03332_de72 hasReferenceToOtherEntry ilcd;;3:16-cv-03332_de52 @default.
- ilcd;;3:16-cv-03332_de72 hasReferenceToOtherEntry ilcd;;3:16-cv-03332_de70 @default.