*1 THIS CAUSE is before the Court on Defendants' Motion to Compel a Better Response to Defendants' Fourth Request for Admissions (ECF No. 200) which was referred to Lurana S. Snow, United States Magistrate Judge. The motion if ripe for consideration.

Plaintiff's Fifth Amended Complaint alleges, among other things, that on March 14, 2013, he was subjected to excessive force when he was attacked by six Broward Sheriff's Office (BSO) jail deputies in a strip cell following his arrest and booking into the Broward County main jail. (ECF No. 194) Plaintiff theorizes that he was beaten, in part for singing an “anti-gay” song to the officers who arrested him and also after he was brought to the main jail for processing.

Defendants' Fourth Request for Admissions request Plaintiff to admit or deny that he had a Facebook account wherein he posted certain videos. The videos, which are of varying lengths, depict Plaintiff singing the song “Boom Bye Bye” by Buju Banton. Plaintiff objected to all 13 requests stating:

Defendants contend that the Facebook posts are relevant because Plaintiff alleges that he was beaten in retaliation for singing “Boom Bye Bye” on the night of his arrest. According to Defendants, the posts will be admissible at trial as evidence of a habit or routine practice under Fed.R.Evid. 406.[1] Defendants are merely requesting Plaintiff to authenticate the videos in advance of trial so it will not be an issue.

The scope of discovery is defined by Fed.R.Civ.P. 26(b):

Plaintiff argues that Defendants have no need to introduce evidence at trial that it is Plaintiff's habit to sing the song “Boom Bye Bye” because he himself alleges repeatedly in his complaint that he was singing the song on the night of his arrest, both before and after he arrived at the main jail. Further, the videos, which are dated between September 2016 and March 2017, were posted more than three years after the incident described in Plaintiff's complaint.

*2 The Court need not determine at this stage whether the videos ultimately will be deemed admissible at trial. The Plaintiff has alleged that he believes his treatment on the night of his arrest was at least in part owing to the fact that he sang an anti-gay song by Buju Banton. The issue in this case will turn on whether the force used by Defendants was used in a good faith effort to maintain or restore discipline, in which case it was not excessive, Hudson v. McMillian, 503 U.S. 1, 7 (1992), or was employed maliciously or sadistically to cause harm, in which case it was. Danley v. Allen, 540 f.3d 1298, 1307 (11th Cir. 2008). If the videos in question represent a habitual practice on the part of the Plaintiff, they may provide some context to the behavior Defendants were confronted with on the night of Plaintiff's arrest. Because it will not impose an undue burden on Plaintiff to either admit or deny that he posted the videos on his Facebook account, the Court will order him to do so. Being fully advised, it is hereby

ORDERED AND ADJUDGED that Defendants' Motion to Compel a Better Response to Defendants' Fourth Request for Admissions (ECF No. 200) is GRANTED. Plaintiff shall within 5 days of the date of this Order either admit or deny Requests 1-13 from Defendants' Fourth Request for Admissions.

DONE AND ORDERED at Fort Lauderdale, Florida, this 29th day of November, 2017.