Payne, James H., United States District Judge
In this civil rights violation claim, the court required limited production of defendant’s Facebook account, but denied plaintiff’s request for all of defendant’s Facebook records, labeling the request as a “thinly veiled” request to conduct a fishing expedition.
Plaintiff claimed to have been the victim of excessive force. During pre-trial discovery, plaintiff requested the production of all notes and diaries prepared by defendant regarding the alleged incident. The court held that any Facebook messages or posts referencing the incident were by definition included in this request, and that defendant must comply with the request.
But the court denied plaintiff’s requests for more
expansive production of defendant’s Facebook data, which amounted to requests
for all data associated with defendant’s social media account. The court noted that there was no evidence
that defendant or defendant’s counsel had neglected their discovery
obligations, and that without such evidence, more expansive discovery would be
overly invasive of defendant’s privacy.
v.
CHEROKEE COUNTY GOVERNMENTAL BUILDING AUTHORITY, et al, Defendants
Counsel
D. Mitchell Garrett, Jr., Garrett Law Center, PLLC, J. Spencer Bryan, Steven J. Terrill, Bryan & Terrill Law, PLLC, Tulsa, OK, for Plaintiff.Chris J. Collins, Jamison C. Whitson, Stephen L. Geries, Collins Zorn & Wagner, Randall J. Wood, Robert S. Lafferrandre, Pierce Couch Hendrickson Baysinger & Green, Oklahoma City, OK, for Defendants.
OPINION AND ORDER
Since January 1, 2007, each incident report memorializing a use of force incident at the CCDC involving an injury to an employee of CCGBA.
To ensure compliance with this Order, and because Defendant [Chronister] may selectively produce some records while withholding others, Plaintiff respectfully requests the Court's order compel [Defendant] Chronister to produce any profiles, postings, or messages (including status updates, wall comments, causes joined, groups joined, activities streams, blog entries), pictures, and social media applications that reveal, refer, or relate to the Bosh incident[,] the investigations, any other assault, or investigation regarding the use of excessive force, and any communications with other present or former employees at the CCDC that reveal, refer, or relate to events that could reasonably be expected to touch upon a use of force event.