Summary
This district court order resolves a defendant police officer's motion for a protective order seeking to limit the scope of his deposition in a civil rights lawsuit. The court granted the motion in part, barring discovery into open Internal Affairs investigations that remain under administrative appeal. Conversely, the court denied the broader request to exclude questions about other pending litigation against city employees, instructing that any specific discovery disputes can be addressed via telephone conference during the deposition.
Topics
Practice areas
Questions Presented
- Whether discovery of information from open Internal Affairs investigations that are pending appeal to the mayor is permissible.
- Whether discovery of other lawsuits and claims against West Memphis police employees unrelated to the present case is permissible.
Holdings
- The motion for protective order as to pending Internal Affairs investigations is GRANTED; such information is not discoverable while the investigations remain on appeal to the mayor.
- The motion for protective order as to discovery of other lawsuits and claims is DENIED; the Court will resolve any deposition disputes as they arise.
Key quotations
“The Court finds that if the Internal Affairs investigation files in issue remain on appeal to the Mayor, information contained in them are not subject to discovery.”
“For the reasons stated below, the motion is GRANTED in part and DENIED in part.”
Factual background
Plaintiff Jeremiah McGruder sued West Memphis police officers William Chad Davis and Lillian Strayhorn alleging 42 U.S.C. §1983 violations, abuse of process, and malicious prosecution, claiming fabricated warrants, unlawful arrests, and failure to train. Defendant Davis moved for a protective order to limit deposition questions about ongoing Internal Affairs investigations and unrelated lawsuits against other city employees.
Procedural history
The civil rights case was removed from the Crittenden County Circuit Court on Feb. 2, 2024. Plaintiff filed a motion for protective order on May 20, 2025 after deposition notice; the magistrate judge considered the motion and issued this order.
Remand instructions
During Davis's deposition, the Court will be available for a telephone conference to resolve any objections that arise.