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Wheeler v. State

March 6, 2009

LEROY K. WHEELER, PLAINTIFF,
v.
STATE OF NORTH DAKOTA, TIM SCHUETZLE, AND LEANN K. BERTSCH, DEFENDANTS.



The opinion of the court was delivered by: Charles S. Miller, Jr. United States Magistrate Judge

ORDER RE MOTION TO COMPEL

Before the court is the Defendants' Motion to Compel Discovery, which was filed on February 13, 2009.

Plaintiff initiated the above-entitled action by complaint on . By Order Adopting Report and Recommendation dated January 2, 2008, the court permitted Wheeler to proceed with two claims:

(1) disclosure of prison communications and labeling Wheeler as a snitch; and (2) retaliation on account of the exercise of constitutional rights.

Defense counsel deposed Plaintiff on January 20, 2009. During the deposition, Plaintiff testified that there were several individuals no longer incarcerated at the State penitentiary who could attest to the his account of the events giving rise to his retaliation claim. He refused to divulge their identities, however.

Q: I'm asking about a specific conversation where she agreed to retaliate against you.

A: That's what I'm talking about if you would listen.

Q: Limit it to that.

A: If you would listen. The statements were made by her agreeing with them to get me fired, and without any kind of factual basis she has attempted it on several occasions. In fact, I have one in the mail right now of one that just happened the other day.

Q: And who else heard this alleged conversation?

A: Several people.

Q: I need names.

A: Well, you know the prison context with all the retaliation going on against me, they're not going to agree with it. They're not going to admit to it. Based on the facts that once they see the retaliation done against me, they're not going to admit to ...


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