2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg 20o0f25 Pg ID 793

female inmates of the jail concerning:

a) Rude or insulting behavior;

b) Improper gifts being offered to female employees or inmates;

c) Lewd or sexually improper statements or improper observations of female
employees or inmates during times when said employees or inmates were engaged
in personal behaviors.

d) Improper requests or offers for dates or other social relationships;

e) Improper sexual touching or request for the same;

f) Improper sexual relations, or attempts to that end.

Answer:

Interrogatory #8

Other than the five Plaintiffs in this case, have any female employees or county jail
inmates ever made a complaint that a male Livingston County employee improperly touched
or sexually molested them, at any time since you have been employed by Livingston County?
If the answer is yes, please provide the names and last known address of each such complaint,
and the names of the employee against whom the complaint was made, and the date the
complaint was made.

Answer:

Interrogatory #9
In Lt. Domines April 26, 2008 Disciplinary Investigation Report to Undersheriff Murphy,


2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg 140f25 fj ID 7SXHIBIT
CUMMINGS*MCCLOREY Ca ae

DAVIS (5 ACHO, P.L.C.

ATTORNEYS AND COUNSELORS AT LAW
33900 SCHOOLCRAFT ROAD ® LIVONIA, MICHIGAN 48150 ® PHONE: (734) 261-2400 = FACSIMILE: (734) 261-4510

T. Joseph Seward

tiseward @cmda-law.com

January 26, 2011

Ms. Kacie Stiles
Cataldo & Meeks, PLLC
519 E. Grand River Ave.
Lansing, MI 48906

Re: Essex, et al. v Livingston County et al.
U.S. District Court Case No. 09-11095
Hon. Arthur J. Tarnow
CMDA File No. 39562

Dear Ms. Stiles:

My client, Livingston County, has forwarded to me your FOIA request direcied io
them. As you know, Livingston County Sheriff's Department is represented by myself and
my Firm and therefore any communications with a party being represented by an attorney
must be through the attorney.

In addition, your request is inappropriate under the Act. MCL 15.243(b) provides:
“records or information relating to a civil action in which the requesting party and the public
bodies are parties.” Clearly the information you requested falls within that exception.
Therefore your request is denied. Moreover, the Act provides for further bases to reasons
to deny the claim.

Under MCL 15.243(1)(a), some or all of the information is a personal nature and
would constitute an unwarranted invasion of the individual’s privacy. Likewise the
information is inappropriate pursuant to Subsection (b)(1)(iii)(v). The information is subject
to denial pursuant to Subsection (g). In addition, Subsection (I) would constitute a reason
to deny this request. In addition, Subsection (n) would be a basis to deny some or all of
the requests. In addition, Subsection (s)(iii), (iv), (v), (Vi), (viii), (ix), as well as (x) would be
bases to deny the request. Likewise, under Subsection (w), some of the information would
be subject to non-disclosure.

GRAND RAPIDS,MI® LIVONIA,MI ® STERLING HEIGHTS, MITM TRAVERSE CrTy,MI
KANSAS CITy,MO # RIVERSIDE,CA ® ACCRA,GHANA

ea


2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg 240f25 Pg ID 797

Sworn and subscribed to before me on this day of > 2011.

; Notary Public

Respectfully submitted:

Dated: March 7, 2011

DONALD J. CATALDO, (P55257)
Attorney for Plaintiff, SUSAN TERRELL


CATALDO &
MEEKS, PLLC.

ATTORNEY AT LAW

Donald J Cataldo It
Douglas E. Meeks

519 East Grand River Avenue
Lansing, MI 48905,
(817) 347-9656
(S17) 347-9657 Fax

2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg5o0f25 PgID778

Again, the only persons who can testify to the truth or falsity of the allegations
made in { 23 are Sheriff Bezotte and Mr. Cremonte. What they knew and what they
did or did not do because of that knowledge can only come from them.

Defendant’s Motion for Summary Judgment

On November 12, 2010 the Defendants, other than Deputy Boos, filed a
Motion for Summary Judgment pursuant to Fed R Civ P 56. In that motion the
Defendants contended that Mr. Bezotte and Mr. Creomte, as agents of the county,
must be shown to have exhibited a “deliberate indifference” to the rights of persons
with whom its subordinate officers come into contact, and that such indifference was
“closely related” to the Plaintiff's injury (p. 5 of Defendant’s Motion). Defendants
claimed that the

“Plaintiffs have failed to present evidence that Defendant
County was aware of prior constitutional violations of its
employees and failed to take action.” (p. 6)

Defendants Bezotte and Cremonte contended, in their motion, that neither of
them “knowingly acquiesed” in Mr. Boos’ misconduct. (p. 12)

As of November 12, 2010, Ms. Terrell had not yet filed any discovery requests
or noticed on any depositions. Her attorneys were defending a declaratory action in
state court which was filed by a company that afforded coverage to Deputy Boos.
None of the parties to this action had, as of November 12, 2010, taken the deposition
of anyone, other than Mr. Boos, who was deposed on October 15, 2010.

Plaintiffs have asked the court to withhold consideration of the Defendants’

November 12, 2010 Motion For Summary Judgment until discovery has been

completed.


2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg21o0f25 PgID794

Lt. Domines stated that he received oral sex from an inmate sometime in late 2007. Was this
complained of in 2007 or at any time? If so, please provide the details of that complaint,
including who made it, when it was made, to whom it was made, and what action, if any, was
taken as a result.

Answer:

Request for Documents #3

Please provide copies of or access to the records which will disclose the names, ages and
last known addresses of all female inmates who were incarcerated in the Livingston County
Jail from September 1, 2007 through June 1, 2008.

Request for Documents #4

Please provide copies of or access to all training manuals, operational policies, and other
written memoranda which describe the rules, requirements and training of Deputy Sherriff’s
who are charged with housing, transporting and securing female inmates at the County Jail,
and to and from the courts of Livingston County-for the time period Deputy Boos was
employed Livingston County.

This request is intended to include the entirety of The Rules and Regulations referred to
in Lt. Domines April 26, 2008 teport to Undersheriff Murphy.

Interrogatory #10
Did Livingston County impose any rules or directives upon its Deputies which prohibited

them from;

a) Viewing female employees who were using the cells toilet or shower


2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg 230f25 Pg ID 796

with him about that practice?

Answer:

Interrogatory #13

Please indentify by name and job title the deputy of employee who listened to Ms.
Terrell’s telephone conversations from the jail after the events of April of 2008 and please
provide either a copy of the recordings of and/or transcript made of/from those recordings.

Answer:

Interrogatories #14

Please identify the custodian of all recording or transcripts of telephone conversations
made by or to female inmates to or from persons outside the jail-for the period of November
1, 2007 to June 1, 2008, and please either produce those records or make them available for

Plaintiffs counsel to review and copy, if necessary.

Answer:
Dated:
THOM CREMONTE, DEFENDANT
Dated:
ROBERT BOZOTTE, DEFENDANT
Dated:

FOR LIVINGSTON COUNTY, DEFENDANT


2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg18o0f25 PgID791

2005 through June 1, 2008.

Answer:

Interrogatory #2

Please indentify by name, title and business address the person or persons who were employed by
Livingston County to create, amend, record and/or enforce all written rules, policies and/or
regulations pursuant to which Livingston County employees, including jail employees, were to
operate all phases of the Livingston County Jails services to the county’s citizens, employees and
inmates- again for the time period 2005 through June 1, 2008.

Answer:

Request for Records #1

Please either produce or make available for inspection copies of all written rules, policies
and/or regulations pursuant to which Livingston County Employees, including jail employees,
were to operate all phases of the Livingston County Jail’s services to the county’s citizens,
employees and inmates for the time period 2005 through June 1, 2008.

Please indentify, by title or by the topic covered, the series of rules, policies or regulation to
assist counsel in indentifying the subject matter of each major group.

Interrogatory #4

Did the Livingston County Board of Communications play any role or part in creating,

amending or in approving any of the written rules, policies, or regulations pursuant to which

Livingston County employees, including jail employees, were to operate all phases of the


CATALDO &
MEEKS, PLLC.

ATTORNEY AT LAW

‘Donald J Cataldo It
‘Douglas E. Meeks.

519 East Grand River Avenue
Lansing, MI 48906
(517) 347-9656
(517) 347-9657 Fax

2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg10o0f25 Pg ID 783

Conclusion

Defendants have not and cannot deny that the allegations made in the
Plaintiff's complaint are directed at them personally, i.e. what they knew, what they
did and/or did not do with or because of that knowledge, etc. Only they can testify to
those matters, and defense counsel cannot seriously contend that this information is
irrelevant, that it could be provided by someone else, that it is not within their
personal knowledge, or that a specific harm will occur if their deposition is taken.

Neither Sheriff Bezotte nor Undersheriff Murphy have offered any factual
support for their conclusion that

“Any information that I possess with regard to the above-
captioned matter has already been obtained through other
discovery mechanisms, or can be obtained through lower-
level officials.” (#4 of their Affidavits)

In fact, no information about the defendants’ knowledge of Mr. Boos’ actions,
their training and rules pertaining to those actions, or what they did with their
knowledge of those actions has been provided. The ultimate factual issues the jury
will be called upon to decide turns upon those issues, and, therefore, they are
crucial/highly relevant matters for discovery which the defendants should not be
permitted to avoid with a bare, belated assertion that they are simply too busy to be
bothered with sitting for their depositions.

Relief Requested

The factual allegations contained in the Plaintiff's complaint, the defendants’

denials of those allegations, the assertions made by the defendants in their Motion

For Summary Judgment, together with the history of Plaintiff's discovery efforts and

10


2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg7of25 PgID 780

When defense counsel refused Plaintiff's request to ask the court to extend
discovery beyond May 4, 2011, Plaintiffs counsel, on April 6, 2011, filed a motion
asking the court to extend discovery, so that the depositions scheduled for March and
late April could be taken before the Motion for Summary Judgment was addressed.

That motion prompted the instant April 7, 2011 Motion For a Protective Order,
which is the first time defense counsel has made any contention that Mr. Bezotte,
Mr. Cremonte and Mr. Murphy are high government officials who are too busy to sit
for depositions. Defense counsel did not confer or attempt to confer with Ms.
Terrell’s counsel before filing the instant motion, as alleged on page 2 of their
motion. Had they done so, of course, Plaintiff's counsel would have rejected their
request.

Other Discovery Sought by Ms. Terrell

On January 16, 2011 Ms. Terrell filed a request for documents maintained at
the Livingston County Sheriff's Department under the Freedom of Information Act.
(Exhibit #1) Defense counsel declined to provide any of those documents. (Exhibit
#2)

On March 7, 2011 Ms. Terrell filed her First Set of Interrogatories and Request

for Documents. (Exhibit #3) No response to or objection to those questions and

CATALDO & ;
MEEKS, PLLC. requests has as yet been received.
ATTORNEY AT LAW. Defendant’s assertion that
Dona). Catt
‘Douglas Meeks
“Additionally, Plaintiffs have already obtained much of the
Bi Bia Goat ve ape information they are seeking through discovery” (p 4 of
(617) 347.9656 their Brief)

(517) 347-9657 Fax



CATALDO &
MEEKS, PLLC.

ATTORNEY AT LAW

Donal J Cataldo I
Douglas E. Mocks

519 East Grand River Avenue
Lansing, MI 48906
(517) 347-9656
(S17) 347-9657 Fax

2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg6of25 PgID779

Efforts to Depose the Defendants and
Employees of the Defendants

On January 18 and January 19, 2011 counsel to the Plaintiffs in both cases
noticed the depositions of eleven persons, including Sheriff Bezotte, Mr. Cremonte
and Undersheriff Murphy. Mr. Bezotte and Mr. Cremonte were to be deposed on
March 15, 2011. Mr. Murphy was to be deposed on March 16, 2011. Eight other
Livingston County police officers were to be deposed on March 14, 2011 through
March 17, 2011.

Defense counsel did not, at that time, object to the Plaintiffs deposing Sheriff
Bezotte on March 15, 2011, to Plaintiffs deposing Mr. Cremonte on March 15, 2011,
or to Plaintiffs deposing Mr. Murphy on March 14, 2011.

However, in mid-March 2011, shortly before Mr. Bezotte, Mr. Murphy and
Mr. Cremonte were to be deposed, defense counsel cancelled their depositions.
Those cancellations were not based upon a contention, oral or in writing, that these
three persons were “high-ranking government officials” who were too busy to sit for
depositions, whose testimony could be obtained by deposing others, or by filing
interrogatories or request for documents, etc. They were simply cancelled.

When Plaintiff's counsel sought to reschedule those depositions in late April,
dates were again agreed upon. However, shortly thereafter defense counsel said that
he could not appear upon those dates, and, therefore the depositions had to be
cancelled. Again, defense counsel made no claim that his clients and Mr. Murphy
were “high-ranking” officials—too busy to sit for depositions when the late April

depositions were cancelled.


2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg19o0f25 Pg ID 792

Livingston County Jail’s services to the county’s citizens, employees and inmates for the time

period 2005 through June 1, 2008?

Request for Documents #2

Please provide copies of, or access to the minutes or written reports created by tor for the
Livingston County Board of Supervisors for the time period 2005 through June 1, 2008.

SHERIFF BEZOTTE AND JAIL ADMINISTOR CREMONTE

Interrogatory #5

Please describe your educational background including all post high school degrees,
training programs completed by date, and your work experience in law enforcement.

Answer:

Interrogatory #6

Please describe in detail the specifics of Livingston County’s investigation into Deputy
Boos’ background, personal history, emotional stability and potential for improper sexual
behavior at the time he was hired by Livingston County.

Answer:

Interrogatory #7

Please describe in detail the processes and/or practices in place at the Livingston County
Jail, from 2005 through June 1, 2008, by which complaint’s against male of the jail were to

be submitted by female employees of the jail, female employees of the court system, or


2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg9of25 Pg ID 782

order to prevent a party from taking the deposition of a person who clearly possesses
relevant information which is both admissible at trial or appears to be reasonably
calculated to lead to the discovery of admissible evidence. Persons seeking to avoid
sitting for depositions under Rule 26(b) must establish a specific need for protection

«6,

from “annoyance”, “embarrassment,

6,

oppression”, or “undue burden or expense.”
Conclusionary or speculative statements do not satisfy this requirement.

A person seeking to avoid being deposed because he/she is a “high ranking
officials” must establish that the information being sought from him/her cannot be
obtained elsewhere. Although it is not Plaintiffs burden herein to prove that the
information sought from Mr. Bezotte and Mr. Cremonte cannot be obtained from
others, the plain truth here is that it cannot be obtained from others. Plaintiff has
alleged that these defendants were aware of or should have been aware of specific
facts, yet failed to act upon that knowledge. Therefore, they are the best and really
the only source of this crucial evidence.

The cases cited by the defendants also require them, as the moving parties, to
demonstrate with specific evidence the harm they would suffer if their depositions
are taken. All that Sheriff Bezotte has offered in support of his claim of harm,

should his deposition be taken, is that he has unnamed “duties and responsibilities

CATALDO &

MEEKS, PLLC. that are demanding and that yield substantial time restraints.” That boiler plate and

ATTORNEY AT GAW conclusionary assertion about the specific harm he will suffer if he is deposed does
Donal Cataldo i
Doulas Mess,

not satisfy the requirements of Rule 26(b).

519 East Grand River Avenue
Lansing, MI 48906
(517) 347-9656
(817) 347-9657 Fax



2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg 25o0f25 Pg ID 798

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION
CUREN ESSEX, ALICIA BULKO, CASE NO. 09-11095
SUSAN COOK, ELIZABETH ZUBOR,
And SUSAN TERRELL,
Plaintiff, HON. ARTHUR J. TARNOW
Vv

LIVINGSTON COUNTY, a municipal corporation,
ROBERT BEZOTT in his individual capacity as
the Livingston County Sheriff, TOM CREMONTE
in his individual capacity as the Livingston County
Jail Administor, and RANDY BOOS, in his
individual capacity, Jointly and Severally,

Defendants.
GEOFFRY N. FIEGER (P30441) CUMMINGS, McCLOREY, DAVIS
JAMES J. HARRINGTON, IV (P65351) & ACHO, P.L.C.
19390 West Ten Mile Road By: T. JOSEPH SEWARD (P35095)
Southfield, Michigan 48075 33900 Schoolcraft
(248) 355-5555 Livonia, Michigan 48150
Attorneys for Plaintiffs (734) 261-2400
Essex, Bulko, Cook and Zubor Attorneys for Defendants Livingston County

Robert Bezotte and Tom Cremonte

CATALDO & MEEKS, PLLC THOMAS A. MATHEWS (P28414)
DONALD J. CATALDO (P55257) 2000 Grand River Annex, Suite 200
KENNETH G. MCINTYRE (P17449) Brighton, Michigan 48114
519 E. Grand River Ave. (810) 227-7878
Lansing, Michigan 48906 Attorney for Defendant Randy Boos

Attorneys for Plaintiff Susan Terrell

PROOF OF SERVICE

NOW COMES Kacie Stiles and declares that on March 7, 2011, she sent copies of the Plaintiff Susan
Terrell’s First Set of Interrogatories to and Request for Production of Documents for the above referenced case,
by U.S. First Class Mail, postage fully prepaid, to the following recipients:

T. Joseph Seward
33900 School Craft
Livonia, MI 48150

Respectfully Submitted,
March 7, 2011

Kacie Stiles


2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pgiof25 PgID774

CUREN ESSEX, ALICIA BULKO,

and SUSAN TERRELL,
Plaintiff,

v

Defendant.

SUSAN COOK, ELIZABETH ZUBOR,

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CASE NO. 09-11095
HON. ARTHUR J. TARNOW

LIVINGSTON COUNTY, a municipal corporation,
ROBERT BEZOTTE in his individual capacity as
the Livingston County Sheriff, TOM CREMONTE
in his individual capacity as the Livingston County
Jail Administrator, and RANDY BOOS, in his
individual capacity, Jointly and Severally,

GEOFFRY N. FIEGER (P30441)
JAMES J. HARRINGTON (P65351)
19390 West Ten Mile Road

Southfield, MI 48075

(248) 355-5555

Attorneys for Plaintiffs

Essex, Bulko, Cook and Zubor

CATALDO & MEEKS, PLLC
DONALD J. CATALDO (P55257)
KENNETH G. McINTYRE (P17449)
519 East Grand River Avenue

Lansing, MI 48906

(517) 487-9656

Attorneys for Plaintiff Susan Terrell

CUMMINGS, McCLOREY, DAVIS
& ACHO, P.L.C.

By: T. JOSEPH SEWARD (P35095)
33900 Schooleraft

Livonia, MI 48150

(734) 261-2400

Attorneys for Defendants Livingston
County, Robert Bezotte and Tom
Cremonte

THOMAS A. MATHEWS (P28414)
2000 Grand River Annex, Suite 200
Brighton, MI 48114

(810) 117-7878

Attorney for Defendant Randy Boos

PLAINTIFF SUSAN TERRELL’S RESPONSE TO THE

DEFENDANTS?’ APRIL 7, 2011 MOTION FOR A
PROTECTIVE ORDER


—

EXHIBIT

H # |

2-08:eV- 11098 TERI Doc#72 Filed 04/14/11 Pg 12 of 25

CATALDO & MEEKS, PLLC
519 East Grand River Road
Lansing, Michigan 48906
Office (517) 487-9656
Fax (517) 487-9657

January 18, 2011

FOIA Coordinator

Livingston County Sheriffs Department
150 S. Highlander Way

Howell, MI 48843

To Whom It May Concern:

RE: STATE OF MI V RANDY BOOS
Case No. 08-017452-FH; and 09-11095

Please be advised that this is a request for information pursuant to the Freedom of
Information Act, MCLA 15.231, et seq. Please provide the following information:

1) A copy of Deputy Randy Boos’ entire personnel file covering his employment
as a deputy with Livingston County

2) A copy of all rules and regulations, training manuals and/or other documents
describing what constitutes proper and/or improper conduct by Deputies in
discharging their duties of employment with Livingston County uring the time
Deputy Randy Boos’ was employed by Livingston County.

3) A copy of all records created by Livingston County and/or possessed by
Livingston County which involve or describe investigations into complaints
made by female employees and inmates against any Livingston County Deputy
prior to April 22, 2008.

4) A copy of any and all records which describe complaints made by any
Livingston County Deputy or employee about the lack of or shortage of
adequate staff to transport female prisoners from the jail to the courts,

As you know, under the aforementioned law, if you deem any portion of the information
covered by this request privileged, exempted, or otherwise not information that you must provide
under this request, then you must redact that portion of the information and provide all other
information requested by this letter,

Please respond to this request within five business days of the date of this letter. If you have
any questions, please feel free to call our office.

Sincerely yours,
CATALDO & MEEKS, PLLC

y eos tf gs
Kacie Stiles
Paralegal

tlig (1


2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg11of25 PgID784

the defendants’ response to them all overwhelmingly yield a conclusion that the
defendants are the sole source of crucial information which the Plaintiff is entitled to
discover. There has been no showing that this information can be obtained
elsewhere, or that any specific harm, prejudice or burden would be suffered or
endured by the defendants by sitting for a pre-trial discovery deposition.

WHEREFORE, Plaintiff respectfully requests that defendants’ April 7, 2011
Motion For Protective Order be denied, and that the parties be ordered to establish
dates, times and places for those depositions.

Respectfully submitted,

Dated: April 14, 2011 /s/ Donald J. Cataldo
Donald J. Cataldo (P55257)
CATALDO & MEEKS, PLLC
Attorneys for Plaintiff Susan Terrell
519 East Grand River Avenue
Lansing, MI 48912
517/487-9656

CATALDO &
MEEKS, PLLC.

ATTORNEY AT LAW

Donald J. Cataldo It
‘Douglas E. Meeks.

519 East Grand River Avenue
Lansing, MI 48906
(517) 347-9656
(517) 347-9657 Fax

11


CATALDO &
MEEKS, PLLC.

ATTORNEY AT LAW

Donal. Cataldo 11
Douglas E. Mocks

519 East Grand River Avenue
Lansing, MI 48906
(S17) 347-9656
(517) 347-9657 Fax

2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg8of25 PgID 781

is simply not true. What the Defendant has provided, thus far, is a copy of the
investigations into the complaints of the Plaintiffs, including their interview of Mr.
Boos, and some jail records pertaining to the Plaintiffs.

Argument

The instant motion appears to be a belated, generic afterthought designed to
continue to stonewall the Plaintiffs’ efforts to conduct the discovery they are clearly
entitled to pursue in support of their specific factual claims made against the named
defendants herein.!

As indicated above, this is a case where each of the persons named as
defendants is alleged to have personally acted or failed to act in such a way as to
deliberately or purposefully caused the wrongs attributed to them. More simply put,
they are accused of knowing things which required them to act prior to the wrongs
inflicted upon the Plaintiff, in order to prevent those wrongs, but again knowingly
failed to do so.

We are not dealing here with a distant boss who was named as a defendant
simply because he is the highest ranking official of a department or governmental
agency. This is not a case where the claim is that an illegal search was conducted by
lower level employees of a police jurisdiction, or that an inmate died because of an
alleged failure of a jailer to care for the inmate.

The cases cited by the Defendants in support of their motion make it clear that

it is their burden to factually establish that there is good cause for the entry of an

' Although the motion is styled as Mr. Bezotte’s and Mr. Cremonte’s Motion for Protective Order, the
Conclusion and Relief sought seeks to block the depositions of Mr. Bezotte and Undersheriff Murpy. No
explanation of that apparent inconsistency is offered.

8


2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg 220f25 PgID795

facilities;

b) Entering female inmates cells for any reason other than to assist them with
physical or emotional problems.

c) Offering female inmates any sort of gifts;

d) Seeking to arrange social meetings, dates or any sort of social contact with
inmates after their release, and

e) Discussing the inmates personal lives with them, or their own personal
lives with the inmates

If so, please include a complete list of such rules or directives, or access to them.

Answer:

Interrogatory #11

Were either of you, prior to February of 2008, familiar with incident wherein a police
officer, serving as a jailer, or as a person who transported and secured female prisoners being
taken to or from courts, was accused of, admitted to, or as convicted of sexually assaulting a
female inmate under their control?

If so, please describe the details of such an event or events, as reported to you.

Answer:

Interrogatory #12

When first were either of you made aware that deputy Boos was offering “candy kisses”

to female employees and/or female inmates? What if any conversation did either of you have


2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg4o0f25 PgID777

No one, other than Mr. Bezotte and Mr. Cremonte can testify to their personal
knowledge of whether those allegations are true or false.

Plaintiffs Complaint also alleged that despite Defendant Bezotte’s and
Defendant Cremonte’s knowledge of Mr. Boos’ pattern of sexually oriented
misconduct, prior to his attack upon Ms. Terrell, Mr. Bezotte and Mr. Cremonte
repeatedly assigned Mr. Boos to supervise and control Ms. Terrell and other female
inmates while transporting them to and securing them in detention cells. ({ 22 of
Plaintiff's Complaint.

Again, Mr. Bezotte and Mr. Cremonte, in their May 5, 2010 Answer, denied
each of the allegations contained in § 22

“..for the reason that same are untrue.”

Again, no one but Mr. Bezotte and Mr. Cremonte can testify to the truth or
falsity of this claim, as it is worded.

Plaintiff also alleged that she is informed and believes that, despite being made
aware of complaints of sexual misconduct having been made against Deputy Boos,
Mr. Bezotte and Mr. Cremonte negligently failed and/or purposefully declined to
take any steps to stop Mr. Boos from continuing his pattern of improper sexual

misconduct towards female inmates on and before April 22, 2008, when Ms. Terrell

CATALDO & _ .
MEEKS, PLLC. was attacked. ({ 23 of Plaintiff's Complaint)
ATTORNEN, ATICAW, Mr. Bezotte and Mr. Cremonte, in their May 5 2010 Answer, denied all of the
Donal). Catt
Douglas. Meeks

allegations made in § 23 of Plaintiff's Complaint

519 East Grand River Avenue
Lansing, MI 48906

ee eo “for the reason that same are untrue.”



2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg15o0f25 Pg ID 788

Ms. Kacie Stiles
Cataldo & Meeks, PLLC
Page 2

Therefore the request is denied. | would request that any further contact with my
client, the Livingston County Sheriff's Department, be through myself and my Firm, not
directly with the client.

Very truly yours,

CUMMINGS, McCLOREY, A & ACHO, P.L.C.

Li
Fivveet Seward

TJS/el

ce: Thomas Cremonte
Jennifer Palmbos

P:\cel\essex.stiles. ltr. wpd

GRAND RAPIDS, MI = LIVONIA.MI # STERLING HEIGHTS MI® TRAVERSE Crty.MI
KANSAS CITY.MO # RIVERSIDE,CA #ACCRA.GHANA


2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg17of25 PgID790

COMES NOW SUSAN TERRELL, Plaintiff herein, by DONALD J. CATALDO, her
attorney, and pursuant to rules 33 and 34 of the Federal Rules of Civil Procedure, Ms. Terrell the
the following as her First Set of Interrogatories and Request For.the Production of
Documents.
1. Plaintiff respectfully asks that the enclosed Interrogatories and Requests for
Documents be provided to Plaintiffs counsel by each defendant within 30 days
after they are served upon counsel for each Defendant (Rule 33(b)(2)).
2. That each interrogatory be answered separately and fully, in writing and under
oath (Rule 33(b)(3))
3. That the grounds for objecting to an interrogatory be stated in writing and with
specificity (Rule #33(b) (4)).
4. That the person or persons who answer each interrogatory be indentified, by
his/her signature.

Plaintiff also respectfully asks, as regards the documents sought, that if defense counsel
believes the documents sought are too voluminous to copy, or consist of business records which
Plaintiffs counsel can review as readily as Defense counsel, that Defense counsel indentify the
location of, offer a specific description of said records, and permit Plaintiffs counsel with a
reasonable opportunity to examine and copy such records.

LIVINGSTON COUNTY
Interrogatory #1
Please identify by name, title and business address the persons who were employed by

Livingston County to staff and operate the Livingston County Jail during the period of time from


2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg3o0f25 PgID776

a) Were subject to the orders, authority and physical
control of larger, stronger uniformed male Deputies in
locations when they were alone and trapped within cells
with such male deputies on a continuing basis, and

b) were extremely vulnerable to the sort of sexual
harassment, sexual intimidation and sexual misconduct
Deputy Boos perpetrated upon Plaintiff in April, 2008,
and upon other female inmates before April 22, 2008.”
(¥ 20 of Plaintiff's Complaint)

Defendants Bezotte and Cremonte, in their May 5, 2010 Answer, denied each

and every allegation contained in Plaintiff's Paragraph 20
“for the reason same are untrue.”

No one, other than Mr. Bezotte and Mr. Cremonte, can testify to their personal
knowledge about whether those allegations are true or false.

Plaintiffs Complaint also alleged that she is informed and believes that on and
before April 22, 2008, when she was mistreated by Deputy Boos, both Sheriff
Bezotte and Mr. Cremote,

“...were aware, or should reasonably have been aware, that
Deputy Boos had engaged in a pattern of inappropriate
sexually oriented comments and inappropriate sexual
misconduct directed toward both female employees of
Livingston County and female inmates incarcerated at the
Livingston County Jail and/or at detention cells at Courts
CATALDO & within Livingston County.” ({ 21 of Plaintiff's Complaint)
MEEKS, PLLC.
Defendants Bezotte and Cremonte, in their May 5, 2010 Answer, again denied

ATTORNEY AT LAW

Donald. Cataldo

Dogs E Mechs each and every allegation contained in Plaintiffs Paragraph 21

519 East Grand River Avenue “« »
Lenaieg, ME4906 ...for the reason that same are untrue.

(517) 347-9656
(517) 347-9657 Fax,



CATALDO &
MEEKS, PLLC.

ATTORNEY AT LAW

Donald J. Cataldo tt
Douglas E. Meeks

519 East Grand River Avenue
Lansing, MI 48906
(517) 347-9656
(517) 347-9657 Fax

2:09-cv-11095-AJT-PJK Doc#72 Filed 04/14/11 Pg2o0f25 PgID775

PLAINTIFF SUSAN TERRELL’S RESPONSE TO THE
DEFENDANTS’ APRIL 7, 2011 MOTION FOR A
PROTECTIVE ORDER

NOW COMES Susan Terrell, Plaintiff herein, by Donald J. Cataldo, her
attorney, and as her Response to Defendants’ April 7, 2011 Motion For a Protective
Order, states as follows:

Statement of Facts

This case involves a series of claims of constitutional violations brought
pursuant to 42 U.S.C. 1981 and 42 U.S.C. 1983. Ms. Terrell, at the time of the
events her claim is based upon occurred, was an inmate at the Livingston County
Jail.

Ms. Terrell’s Complaint

Ms. Terrell’s Complaint alleges that while she was situated in a cell at a
Livingston County District Court, a deputy sheriff, Randy Boos, sexually harassed
her, improperly touched her, sexually assaulted her, humiliated her, mortified her and
embarrassed her, all while acting under color of law, pursuant to his employment
with the Defendant Livingston County, and pursuant to his being under the
supervision and control of his superior officers, Sheriff Bezotte and Jail
Administrator Cremonte.

Ms. Terrell’s Complaint specifically alleges that Defendants Bezotte and
Cremonte, both individually and in their capacities as supervisory employees of the
Defendant Livingston County,

“...knew that female inmates of Livingston County Jail,
because of their status as inmates;

2


2:09-cv-11095-AJT-PJK Doc #72

FOIA Coordinato(
January 19, 2011

Filed 04/14/11 Pg130f25 Pg ID 786

iS

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2:09-cv-11095-AJT-PIK Doc#72 Filed 04/14/11 Pg 160 g ———

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SUSAN TERRELL,

Plaintiff, Case No.: 2:10-cv-11177-ADT-MKM
Hon.: ARTHUR J. TARNOW
vs.

LIVINGSTON COUNTY, a

municipal corporation, ROBERT

BEZOTTE in his individual capacity

as the Livingston County Sheriff, TOM
CREMONTE in his individual capacity as

the Livingston County Jail Administrator, and
RANDY BOOS in his individual capacity as Deputy
Sheriff, Jointly and Severally with one another

Defendants.
/

CATALDO & MEEKS, PLLC Thomas A. Matthews, (P-28414)
DONALD J. CATALDO, (P-55257) Attorney for Defendant
Attorneys for Plaintiff Randy Boos, ONLY
519 E. Grand River Avenue 2000 Grand River Annex, Suite 200
Lansing, Michigan 48906 Brighton, Michigan 48114
(517) 487-9656 (810) 227-7878
kacie.stiles@cataldomeeks.com tmattlaw@aol.com

T. Joseph Seward, (P-35095)

Attorney for Defendants Livingston County,
Robert Bezotte and Tom Cremonte, Only
33900 Schoolcraft

Livonia, Michigan 48150

(734) 261-2400

tiseward@cmda-law.com

PLAINTIFF SUSAN TERRELL’S, FIRST SET OF INTERROGATORIES
AND REQUEST FOR PRODUCTION OF DOCUMENTS

alalu