United States District Court, S.D. Ohio, Western Division
District Judge Walter H. Rice
DECISION AND ENTRY
L. Ovington United States Magistrate Judge
brings this action alleging Defendants violated her
constitutional rights to equal protection and due process;
conspired to violate her rights; and failed to train and
case is presently before the Court upon Plaintiff's
Motion to Compel (Doc. #47), Defendants' Response in
Opposition (Doc. #48), and Plaintiff's Reply (Doc. #49).
is a legal permanent resident of the United States. (Doc.
#25, PageID #25). Her original language is Spanish,
her second is Arabic, and her third is English. Id.
at 119. Plaintiff “has a strong and apparent Spanish
accent[.]” Id. The present case stems from two
series of events. The first involves Plaintiff's arrest.
Plaintiff alleges that on August 9, 2015, Defendant Jeffrey
Thomas pulled her over; improperly administered field
sobriety tests; refused to explain the test instructions; and
with Defendant Sean Joseph Kessel, arrested her on suspicion
of operating a vehicle under the influence of alcohol or
drugs. (Doc. #25, PageID #s 118-20). Upon arrival at
the jail, Plaintiff was not initially booked because her
husband was coming to pick her up. Id. at 121.
she waited, Defendant Donna Fallis instructed Plaintiff to
perform a urine test. Id. She complied. Id.
However, when Plaintiff refused to sign the unsealed,
unlabeled urine vial, Defendant Thomas threw it in the trash
and told Defendant Fallis to book Plaintiff. Id.
“Plaintiff was ordered to disrobe and was ordered to
take a cold shower and given a towel used for cleaning the
floor, … Plaintiff was then placed in jail clothing,
….” Id. at 121-22. Her name (and
photograph) was listed online as an inmate of the Greene
County Jail. Id. at 122. When Plaintiff's
husband arrived, she was released. Id.
that day, Defendant Thomas informed Plaintiff's husband
that his supervisor, Defendant Jimmy Combs, told him that it
was wrong to throw Plaintiff's urine test away and as a
result, Defendant Thomas removed the test from the trash and
planned to submit it for analysis. Id. According to
Plaintiff, “Defendant Combs was ordered by Defendant
Major Kirk Keller or a subordinate at his direction to have
Thomas fish the Plaintiff's urine sample from the trash
and submit it for analysis ….” Id. at
August 10, 2015, Plaintiff was charged in Fairborn Municipal
Court with “OVI drug impairment.” Id. at
123. As part of discovery in the criminal case, Plaintiff
requested all cruiser videos, and initially, Defendant Thomas
only produced a six-minute video of him transporting
Plaintiff to the jail. Id. However, after further
motions were filed, Defendant Thomas produced “the
nearly complete arrest video on a format that cannot be
accessed and on a DVD that did not include date and time
….” Id. On October 1, 2015, Defendant
Thomas received the results of Plaintiff's urine test-
Plaintiff had no drugs or alcohol in her system. Id.
Plaintiff learned of these results on October 10, 2015, and
her charge was dismissed on October 11, 2015. Id.
second series of events involves Plaintiff's employment
as a caseworker at the Greene County, Ohio, Children's
Services Board. Id. at 125. After she was terminated
from that position on March 11, 2015, Plaintiff filed a
complaint for employment discrimination with the Equal
Employment Opportunity Commission. Id. Plaintiff
specifically named Beth Keller, the wife of Defendant Major
Kirk Keller. Id. Defendant Keller is the supervisor
of the Greene County, Ohio Jail and road patrol. Id.
two series of events collided on September 9, 2015 at a
mediation conference regarding Plaintiff's EEOC claim.
Id. at 126. Plaintiff alleges that Defendant
Huddleson, the Greene County Administrator, “refused to
offer any resolution to the EEOC complaint and prosed [sic:
probably “proposed”] to provide documents to the
mediator and counsel which contained Plaintiff's arrest
record and inmate photograph, … [He] attempted to use
these documents to intimidate Plaintiff in her complaint for
employment discrimination, … [He] was supplied these
documents by the Greene County, Ohio Sheriff's Office
from Jail records under Defendant Major Kirk Keller's
control ….” Id.
Standard of Review
the Federal Rules of Civil Procedure, the scope of discovery
is “traditionally quite broad.” Lewis v. ACB
Bus. Servs, Inc.,135 F.3d 389, 402 (6th Cir. 1998)
(citing Mellon v. Cooper-Jarrett, Inc., 424 F.2d
499, 501 ...