Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:03-cv-02311-EWN-CBS

Document 104-2

Filed 10/04/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2311-EWN-CBS LINDA M. PIERCY, Plaintiff, v. TERRY MAKETA, AS SHERIFF OF EL PASO COUNTY SHERIFF'S OFFICE, EL PASO COUNTY SHERIFF'S OFFICE and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EL PASO, Defendants. ______________________________________________________________________________ PLAINTIFF'S SECOND SET OF INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR ADMISSIONS TO DEFENDANTS ______________________________________________________________________________ Plaintiff submits the following Interrogatories, Request for Production of Documents and Request for Admissions to Defendant to be answered pursuant to Rules 33 and 34 of the Colorado Rules of Civil Procedure, and to be supplemented as required by Rule 26(e): DEFINITIONS Please refer to the following definitions in responding to these Interrogatories and Request for Production of Documents. These definitions are primarily intended to elicit sufficient information so that the plaintiff can adequately prepare for trial by locating witnesses and documents and conducting depositions. They are not intended to impose undue burden or expense. Plaintiff will make reasonable effort to resolve any dispute over these definitions before filing any motion to compel discovery. 1. "Person" means any natural person or business organization.

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2.

"You" or "Your" refers to each and every person to whom these Interrogatories are

directed and any other person or entity acting on behalf of such person. 3. "Document" means any written material or electronically recorded information of

whatever nature, whether printed, typed or handwritten, including photographs, computer printouts, tape recordings and graphic material. "Document" includes all drafts and non-identical copies, versions or editions of any document. 4. "Identify", when used with regard to a natural person, means to state the person's full

name, last-known address and telephone number, relationship to you, and, if known, the person's present whereabouts, present employer and job title. 5. "Identify", when used with regard to a document (whether or not the document is in

your custody or control), means to describe the contents and nature of the document, state the date the document was prepared, identify the person who prepared the document and any signatories to the document, and identify all persons now having custody of any original or copy of the document. 6. "Identify", when used with regard to any other thing or material, means to describe its

character and location and to identify the person having custody of it. INTERROGATORIES 1. Identify all persons, other than your attorneys, who have provided assistance in the preparation of the answers to these interrogatories, and for each person, state separately the number of each discovery request for which assistance was provided, and describe separately the nature of the assistance provided. 2. Identify all documents examined or relied upon in preparing the answers to these interrogatories.

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3. Identify all persons, other than your attorney, from whom you have sought to gather information or to preserve testimony in connection with this action, and for each such person, identify the specific information provided by each such person. REQUEST FOR PRODUCTION OF DOCUMENTS Please produce the following: 1) All shift bidding rosters and daily assignment rosters for each shift at the El Paso County detentions facilities since Metro closed. 2) Any memos, policies, directives or instructions concerning the duties and responsibilities of male and female deputies working the wards at the El Paso County detentions facilities created or revised since Metro closed. 3) All transfer policies for female and male deputies working in Detentions at the El Paso County Sheriff's Office created or revised since Metro closed. 4) All materials, studies or research articles reviewed by Commander Presley regarding crossgender guarding, including but not limited to the course materials described by Commander Presley at page 56 of her deposition taken on September 21, 2007. 5) All studies, documents, research articles and/or materials in the possession, control or custody of the El Paso County Sheriff's Office regarding cross-gender guarding. 6) A diagram showing the layout of the El Paso detention facilities since Metro closed. 7) All documents that the defendant's referred to, used, or relied upon when preparing and completing its answer to the Plaintiff's complaint, completing its answer to these interrogatories and completing its response to Plaintiff's CCRD charge of discrimination. 8) All documents reflecting the procedure and criteria for orienting, assigning, training, assisting, handling the complaints of, changing shifts of, evaluating, transferring, disciplining and

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discharging employees in effect while plaintiff was employed by El Paso County Sheriff's Office. This request for production is continuing. Any item or document which comes to the attention, possession, custody or control of defendant subject to the filing of responses, which or would be responsive to any of these request for production, but which was not included in the original responses, shall be furnished to Plaintiff in a timely manner. REQUEST FOR ADMISSIONS 1. Admit that since Metro was closed, male deputies have been permitted to supervise female inmates in a ward. 2. Admit that since Metro was closed, male deputies have been permitted to supervise female inmates without another deputy present in the ward. 3. Admit that since Metro was closed, no female inmate has complained about the conduct of a male deputy as a result of supervision of a female inmate by a male deputy. 4. Admit that no female inmate has complained over the conduct of a male deputy as a result of supervision of a female inmate by a male deputy in a ward. 5. Admit that the only complaint by a female inmate about the conduct of a male deputy occurred over the supervision of a female inmate by a male deputy while being escorted to or from a ward.

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Respectfully submitted this 3rd day of October 2007. McNamara, Roseman, Martínez & Kazmierski, L.L.P.

____________________________ Stefan Kazmierski 1640 E. 18th Ave, Denver, CO 80218-1202 (303) 333-8700, Ext. 5 Attorneys for Plaintiff Certificate of Service I hereby certify that a true and correct copy of the foregoing PLAINTIFF'S SECOND SET OF INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR ADMISSIONS TO DEFENDANTS was emailed and placed in the U.S. Mail, this _____ day of September 2007 to: Jay A. Lauer Office of the County Attorney of El Paso County, Colorado 27 E. Vermijo Avenue Colorado Springs, CO 80903 ____________________________