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ABEL v. PIERSON

United States District Court, S.D. Illinois
Feb 13, 2008
Civil No. 05-264-GPM (S.D. Ill. Feb. 13, 2008)

Summary

denying summary judgment on the issue of whether an IDOC prisoner who spoke only Spanish failed to exhaust administrative remedies where "crucial questions regarding whether plaintiff was given appropriate assistance in completing a grievance and navigating the appropriate administrative remedies remain"

Summary of this case from Aleman v. Dart

Opinion

Civil No. 05-264-GPM.

February 13, 2008


ORDER


Before the Court is plaintiff's motion to compel the defendants to produce their personnel files. (Doc. 47). Defendants object to the production request, arguing the files are irrelevant because only an isolated incident is alleged in the complaint, and personnel files are not generally available for public inspection under 80 Ill. Admin. Code § 304.40(a). (Doc. 48).

The complaint does not allege a pattern and practice of alleged wrongdoing by the defendants, so the defendants' files would not appear to be of primary importance in this case. Nevertheless, Federal Rule of Civil Procedure 26(b) permits the discovery of information reasonably calculated to lead to the discovery of relevant information. Personnel files are an obvious source of background information about a party, which is typically relevant and/or leads to relevant information for trial.

This Court is not bound by 80 Ill. Admin. Code § 304.40(a), but does have security concerns related to allowing an inmate to have access to information about prison officials, such as addresses, phone numbers, personal identifiers and other typically confidential information. Accordingly, such information shall be redacted from the documents turned over to plaintiff and plaintiff's counsel. If plaintiff can specify a valid need for access to the personal information contained in the defendants' personnel files, the Court will entertain a motion for greater access.

IT IS THEREFORE ORDERED that plaintiff's motion to compel the defendants to produce their personnel files (Doc. 47) is GRANTED, in that on or before February 20, 2008, defendants shall turn over their personnel files, with all personal identifiers and personal information unrelated to their official duties redacted.

IT IS SO ORDERED.


Summaries of

ABEL v. PIERSON

United States District Court, S.D. Illinois
Feb 13, 2008
Civil No. 05-264-GPM (S.D. Ill. Feb. 13, 2008)

denying summary judgment on the issue of whether an IDOC prisoner who spoke only Spanish failed to exhaust administrative remedies where "crucial questions regarding whether plaintiff was given appropriate assistance in completing a grievance and navigating the appropriate administrative remedies remain"

Summary of this case from Aleman v. Dart

denying summary judgment on the issue of whether an IDOC prisoner who spoke only Spanish failed to exhaust administrative remedies where "crucial questions regarding whether plaintiff was given appropriate assistance in completing a grievance and navigating the appropriate administrative remedies remain"

Summary of this case from Tran v. Illinois Department of Corrections
Case details for

ABEL v. PIERSON

Case Details

Full title:LUCIO ABEL, Plaintiff, v. MARK PIERSON, et al., Defendants

Court:United States District Court, S.D. Illinois

Date published: Feb 13, 2008

Citations

Civil No. 05-264-GPM (S.D. Ill. Feb. 13, 2008)

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