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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN
DISTRICT OF VIRGINIA DANVILLE DIVISION
ALVIN L. SUTHERLIN, JR.,
Plaintiff,
Civil Action No. 4:15CV00037
v.
LIEUTENANT J. W. SMITH,
and
SERGEANT H. S. RICHARDSON,
and
OFFICER N. M. SLOVER, and
OFFICER M. C. PACE, and
OFFICER R. C. LANDRUM, and
OFFICER D. C. LANCASTER, and
OFFICER W. C. SHIVELY, and
OFFICER W. R. MERRILL, and
OFFICER J. D. DIXON, and
OFFICER L. D. LAND,
Defendants.
PLAINTIFF’S MOTION TO COMPEL WITH SANCTIONS
NOW COMES Plaintiff, Alvin L. Sutherlin, Jr. (Pro Se) requests that this
Honorable court compels the defendants to fulfill the court's Order filed on
04/01/2016 (Dkt No. 68) and subpoena filed on 12/22/2015 (Dkt No. 39). The
plaintiff respectively asks for sanctions against the defendants under Rule 37of the
Federal Rules of Civil Procedure and enforce the sanctions against the defendants.
The subpoena(Dkt No. 39) reads as follows:
" YOU ARE COMMANDED to produceat the time, date, and place set forth
below the following documents, electronically stored information, or objects, and
to permit inspection, copying, testing, or sampling of the material. Any and all
body warm camera (BWC) documentation filed within the Danville Police
Department's records and/or Evidence.com. Including, but not limited to any
officers failure to activate his or hers BWC, failure of any BWC at the
beginning or during their shift, any written authorization to edit, alter, erase,
duplicate, copy and/or share any BWC • video and/or audio from the
following officers named: (SERGEANT H. S. RICHARDSON, OFFICER N.M.
SLOVER, OFFICER M.C. PACE, OFFICER RC. LANDRUM, OFFICER D.C.
LANCASTER, OFFICER W.C. SHIVELY, OFFICER W.R MERRILL, OFFICER
J.D. DIXON, LIEUTENANT J. W. SMITH, OFFICER L. D. LAND, and/or
CAPTAIN D. HALEY) in relating to any and all incidents at the location 505
Jefferson Street, Danville, Virginia 24541 on and after September 25th , 2013
involving Alvin L. Sutherlin Jr., Michelle Owens, and Brittney C. Logan."
The defendants have chosen to the defy the courts order in fully disclosing body
worn camera videos (BWC)'s (See: Elder v. City of
Danville, Va et al, No. 4:2013cv00047 (W.D. Va. 2014) and not provide all of the
unedited videos from all of the defendants present at 505 Jefferson street,
Danville Virginia for the September 25th 2013 as Order filed on 04/01/2016
(Dkt No. 68). The Order reads as follows:
"Plaintiffs subpoena to the Danville Police Departmentseeks “[a]nyand all
body warm [sic] camera (BWC) documentation filed within the Danville
Police Department’s records and/or Evidence.com. Including, but not limited
to any officers [sic] failure to activate his or hers [sic] BWC, failure of any
BWC . . . any written authorization to edit, alter, erase, duplicate, copy and/or
share any BWC video and/or audio.” Dkt. No. 30. The subpoena requests
information about footage obtainedfrom an officerwho is not named in
Plaintiffs complaint as well as information about footage from September25,
2013 and thereafter. The FederalRules of Civil Procedure require that
information requested in discoverybe relevant to a claim or defense and
proportional to the needs of the case. Fed. R. Civ. P. 26(b)(1). Plaintiffs
request for information about the footage obtainedby any officer not involved
in the searchof Plaintiff s residence orfor any period of time beyond the
executionof the searchwarrant on September 25. 2013 is neither relevant nor
proportional to his claims. Accordingly, the subpoena shall be limited in scope
to the footage from cameras wornby officers who were present during the
executionof the warrant described in Plaintiffs complaint. The scope of the
subpoena shall also be limited to the date and time period of the events
describedin the complaint and to the officers who are named as defendants in
this case. Defendants’motionto quash is therefore GRANTED in part.
Defendants are directed to provide Plaintiff with the information requested in
the subpoena (as limited by this order) within twenty-one (21) days of the date
of this order."
The defendants have not produced any of the supporting documentation and
records as stated within the subpoenaincluding from Evidence.com and the
plaintiff has only received some edited bodyworn camera (BWC) that have clearly
been edited. These videos have already been submitted in as exhibits of evidence
to the court. The plaintiff also still has not been given any bodyworn camera
(BWC) videos from OFFICER D.C. LANCASTER, OFFICER L. D. LAND and/or
LIEUTENANT J. W. SMITH to date.
All of the defendants in this casewere present at 505 Jefferson street Danville
Virginia 24541on September 25th, 2013 and all were issued working bodyworn
cameras (BWC) on that day at the beginning of their shift following the Danville
Police Department's (BWC)'s policy. No sworn affidavits or official documents
have been provided to show this map to the factual information.
Alvin L. Sutherlin, Jr. (Pro Se)
505 Jefferson Street, 1st, Floor
Danville, Virginia 24541-2037
434-728-2673 (Cell phone)
Sutherlin.jr@gmail.com
I hereby certify that the foregoing notice of lawsuit was sent by regular mail,
postalpaid or hand delivered, this 22nd, day of April, 2016 to Clerk of Court of
The United States District Court For Western District of Virginia Danville
Division and .I also hereby certify that I have mailed or hand delivered a copyof
the foregoing to the office of Daniel, Medley & Kirby, P.C, 110 North Union
Street P. O. Box 720, Danville, VA 24543-0720

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RA. 7432 and RA 9994 Senior Citizen .pptx
 

Plaintiff’s motion to compel with sanctions

  • 1. IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION ALVIN L. SUTHERLIN, JR., Plaintiff, Civil Action No. 4:15CV00037 v. LIEUTENANT J. W. SMITH, and SERGEANT H. S. RICHARDSON, and OFFICER N. M. SLOVER, and OFFICER M. C. PACE, and OFFICER R. C. LANDRUM, and OFFICER D. C. LANCASTER, and OFFICER W. C. SHIVELY, and OFFICER W. R. MERRILL, and OFFICER J. D. DIXON, and OFFICER L. D. LAND, Defendants. PLAINTIFF’S MOTION TO COMPEL WITH SANCTIONS
  • 2. NOW COMES Plaintiff, Alvin L. Sutherlin, Jr. (Pro Se) requests that this Honorable court compels the defendants to fulfill the court's Order filed on 04/01/2016 (Dkt No. 68) and subpoena filed on 12/22/2015 (Dkt No. 39). The plaintiff respectively asks for sanctions against the defendants under Rule 37of the Federal Rules of Civil Procedure and enforce the sanctions against the defendants. The subpoena(Dkt No. 39) reads as follows: " YOU ARE COMMANDED to produceat the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material. Any and all body warm camera (BWC) documentation filed within the Danville Police Department's records and/or Evidence.com. Including, but not limited to any officers failure to activate his or hers BWC, failure of any BWC at the beginning or during their shift, any written authorization to edit, alter, erase, duplicate, copy and/or share any BWC • video and/or audio from the following officers named: (SERGEANT H. S. RICHARDSON, OFFICER N.M. SLOVER, OFFICER M.C. PACE, OFFICER RC. LANDRUM, OFFICER D.C. LANCASTER, OFFICER W.C. SHIVELY, OFFICER W.R MERRILL, OFFICER J.D. DIXON, LIEUTENANT J. W. SMITH, OFFICER L. D. LAND, and/or CAPTAIN D. HALEY) in relating to any and all incidents at the location 505 Jefferson Street, Danville, Virginia 24541 on and after September 25th , 2013 involving Alvin L. Sutherlin Jr., Michelle Owens, and Brittney C. Logan." The defendants have chosen to the defy the courts order in fully disclosing body worn camera videos (BWC)'s (See: Elder v. City of Danville, Va et al, No. 4:2013cv00047 (W.D. Va. 2014) and not provide all of the unedited videos from all of the defendants present at 505 Jefferson street, Danville Virginia for the September 25th 2013 as Order filed on 04/01/2016 (Dkt No. 68). The Order reads as follows:
  • 3. "Plaintiffs subpoena to the Danville Police Departmentseeks “[a]nyand all body warm [sic] camera (BWC) documentation filed within the Danville Police Department’s records and/or Evidence.com. Including, but not limited to any officers [sic] failure to activate his or hers [sic] BWC, failure of any BWC . . . any written authorization to edit, alter, erase, duplicate, copy and/or share any BWC video and/or audio.” Dkt. No. 30. The subpoena requests information about footage obtainedfrom an officerwho is not named in Plaintiffs complaint as well as information about footage from September25, 2013 and thereafter. The FederalRules of Civil Procedure require that information requested in discoverybe relevant to a claim or defense and proportional to the needs of the case. Fed. R. Civ. P. 26(b)(1). Plaintiffs request for information about the footage obtainedby any officer not involved in the searchof Plaintiff s residence orfor any period of time beyond the executionof the searchwarrant on September 25. 2013 is neither relevant nor proportional to his claims. Accordingly, the subpoena shall be limited in scope to the footage from cameras wornby officers who were present during the executionof the warrant described in Plaintiffs complaint. The scope of the subpoena shall also be limited to the date and time period of the events describedin the complaint and to the officers who are named as defendants in this case. Defendants’motionto quash is therefore GRANTED in part. Defendants are directed to provide Plaintiff with the information requested in the subpoena (as limited by this order) within twenty-one (21) days of the date of this order." The defendants have not produced any of the supporting documentation and records as stated within the subpoenaincluding from Evidence.com and the plaintiff has only received some edited bodyworn camera (BWC) that have clearly been edited. These videos have already been submitted in as exhibits of evidence to the court. The plaintiff also still has not been given any bodyworn camera (BWC) videos from OFFICER D.C. LANCASTER, OFFICER L. D. LAND and/or LIEUTENANT J. W. SMITH to date. All of the defendants in this casewere present at 505 Jefferson street Danville Virginia 24541on September 25th, 2013 and all were issued working bodyworn
  • 4. cameras (BWC) on that day at the beginning of their shift following the Danville Police Department's (BWC)'s policy. No sworn affidavits or official documents have been provided to show this map to the factual information. Alvin L. Sutherlin, Jr. (Pro Se) 505 Jefferson Street, 1st, Floor Danville, Virginia 24541-2037 434-728-2673 (Cell phone) Sutherlin.jr@gmail.com I hereby certify that the foregoing notice of lawsuit was sent by regular mail, postalpaid or hand delivered, this 22nd, day of April, 2016 to Clerk of Court of The United States District Court For Western District of Virginia Danville Division and .I also hereby certify that I have mailed or hand delivered a copyof the foregoing to the office of Daniel, Medley & Kirby, P.C, 110 North Union Street P. O. Box 720, Danville, VA 24543-0720