UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ERIC JENKINS,

CIVIL ACTION NO. 09-13241

Plaintiff,

DISTRICT JUDGE JOHN CORBETT O’MEARA

v.

MAGISTRATE JUDGE DONALD A. SCHEER

THE CITY OF DETROIT,

et al.,

Defendants.

_________________________________/ 

ORDER

Defendants’ Motion for Protective Order was referred to the undersigned magistrate

judge for hearing and determination. The parties appeared, by counsel, for hearing on

December 22, 2009. Having reviewed the Defendants’ Motion, together with Plaintiff’s

Response, and having had the benefit of oral argument, I find that the Motion should be

granted, in part.

This action is based upon the shooting of Plaintiff by a City of Detroit Police Officer

on June 10, 2009. Plaintiff served requests for production of documents and things relating

to the shooting, including: a) the entire unredacted file compiled by the Internal Affairs,

Board of Review or any other agency of the City of Detroit Police Department regarding the

shooting of Plaintiff; b) the weapon or weapons used to shoot Plaintiff; c) all forensic

evidence collected at the scene, including but not limited to the weapon in question,

clothing worn by the officer, and clothing worn by the Plaintiff; and d) any and all forensic

evidence testing documents, results, reports, etc. generated in connection with any

evidence relating to the shooting of Plaintiff.

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Defendant City of Detroit served Responses to Plaintiff’s Request for Production, but

has not produced the above items. Defendant City asserts that a Police Department

Internal Affairs Investigation has been commenced, but is not complete. The City further

asserts that the firearm assigned to the Defendant Officer has been submitted to the

Michigan State Police laboratory for testing, but that the results of such testing have not yet

been received. Defendants seek an Order staying Plaintiff’s discovery until the completion

of the forensic testing and internal investigation.

More than six months had elapsed from the time of the shooting incident until the

hearing of Defendants’ Motion. That period of time should have been more than sufficient

for the completion of any necessary forensic testing of physical evidence, as well as the

internal affairs investigation of the circumstances surrounding Plaintiff’s injury. Defendants

have failed to produce evidence indicating that a competent investigation could not, and

should not, have been completed. Accordingly, the court is not inclined to grant an open

ended stay of discovery. 

IT IS THEREFORE ORDERED that discovery is stayed in this matter to and

including January 31, 2010. IT IS FURTHER ORDERED that Defendant City of Detroit shall

produce to counsel for Plaintiff all non-privileged documents, items and things responsive

to Plaintiff’s Request for Production on February 1, 2010. Any claim of privilege shall be

made in strict compliance with Fed.R.Civ.P. 26(b)(5).

s/Donald A. Scheer

DONALD A. SCHEER

UNITED STATES MAGISTRATE JUDGE

DATED: January 13, 2010

______________________________________________________________________

CERTIFICATE OF SERVICE

I hereby certify on January 13, 2010 that I electronically filed the foregoing paper with the Clerk of the

Court sending notification of such filing to all counsel registered electronically. I hereby certify that a copy of

this paper was mailed to the following non-registered ECF participants on January 13, 2010: None.

s/Michael E. Lang 

Deputy Clerk to 

Magistrate Judge Donald A. Scheer

(313) 234-5217

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