Free Memorandum in Support of Motion - District Court of Connecticut - Connecticut

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I _ · Case 3:03-cv-00407-JCH Document 50 Filed 12/29/2003 Page 1 of 3 I
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UNITED STATES DISTRICT COURT I- I I I I I I
DISTRICT OF CONNECTICUT, ,.,..,r ,, ,, ._ -
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ANGEL CABALLERO : CIVIL ACTION NO. _
Plfiiflfmo Z 3:03CV407‘·(JCH)(HBF) _ - »
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v. :
JOHN J. ARMSTRONG ET AL I
Defendant : December 19, 2003 ,
DEFENDANTS’ MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR
PROTECTIVE ORDER
The plaintiff, Angel Caballero, brought this action alleging that the defendants were
subjecting him to cruel and rmusual punishment by requiring him to recreate in handcuffs and I
legirons. On or about November 24, 2003, defendants moved to dismiss this matter on the I
grounds that it was barred by the doctrine of collateral estoppel. More specifically, plaintiff had I
previously filed a habeas corpus action in state court challenging the same practice plaintiff :
challenges here, the placement of plaintiff in full restraints for recreation. After a full trial on
the merits, the state habeas court decided that placing plaintiff in full restraints during recreation
did not violate the Eighth Amendment. I
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The use of full restraints during the recreation period is, in this court’s conclusion, _ I
reasonable fbrce applied in a good faith effort to maintain discipline surrounding I
the petitioner, an individual, who has proven his tendency to resort to violent I
behavior toward correction staff and other inmates. .
Caballero v. Warden, 2003 Comr. Super LEXIS 5 at *9 (2003). I
In light of the pendency of this motion to dismiss, on December 5, 2003, defense counsel I
wrote to plaintiff regarding outstanding discovery sent by plaintiff Defense counsel stated: I
I am in receipt of the Second Set of Interrogatories dated November 24, 2003 I
addressed to Jack Tokarz, Requests for Admission dated November 20, 2003,
addressed to Larry Myers, Peter Matos, Jack Tokarz, which were all placed in one
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envelope postmarked November 26, 2003. I am also in receipt of Interrogatories
dated October 23, 2003 addressed to Jack Tokarz, and Peter Matos, which were `
postmarked October 27, 2003. I am also in receipt of Interrogatories dated ;
October 24, 2003 addressed to Larry Myers. l
This discovery pertains to the use of restraints at recreation. As you know, you
litigated that issue and lost in a habeas corpus action and thus, I recently moved to
dismiss your claims about having to recreate in restraints. Accordingly, I am
planning on moving for a protective order, seeking to be excused from answering
the above referenced discovery. _
Please advise me by mailing me a quick note no later than Friday December I2,
2003 if you consent or obj ect to such a motion for protective order. I
Affidavit of Ann E. Lynch, par. 3. I . 1
Thereafter, on December ll, 2003, defense counsel received a letter from plaintiff p
stating, "I agree that it is reasonable to consent to your request for a protective order, from K
having the defendants’ answer to my pending discovery. " Affidavit of Ann E. Lynch par. 4. p
· Because there is no objection to defendants’ motion for protective order, defendants i
respectfully ask the court to grant it. I
RESPECTFULLY SUBMITTED,
JOHN ARMSTRONG ET AL
BY: RICHARD BLUMENTHAL i
ATTORNEY GENERAL j
BY: Q I
Ann E. Lynch
Assistant Atto General
Federal Bar N t 08326
110 Sherman Street ,
Hartford, CT 06105 i
Tel: (860) 808-5450 i
Fax: (860) SOS-5591 I
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CERTIFICATION
I hereby certify that a copy of the foregoing walled in accordance with Rule 5(b) ofthe
Federal Rules of Civil Procedure on this.T&Qday of December, 2003, first class postage prepaid ”
to:
Angel Caballero H
#214362 i
Northern Correctional Institution K
287 Bilton Road
P.O. Box 665
Somers Ct 06071
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n E. Lynch
Assistant Atto eneral I
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