Barnes v. District of Columbia, 281 F.R.D. 53

This is a District of Columbia civil action alleging overdetentions in DC jails and a class action extending through the Trial Period.
Defendant District of Columbia moved to compel certain discovery responses and for a protective order related to depositions.
Discovery was narrowed by a December 2011 court order to focus on the number of overdetentions during the Trial Period.
The court had previously granted summary judgment for plaintiffs on all overdetentions caused by the 10 p.m. cut-off rule for periods before and after the Trial Period.
The parties disputed how to count overdetentions—whether to exclude 10 p.m. cut-off overdetentions from Trial Period totals, and how to tailor breakdowns by duration and category (CRER vs non-CRER).
The court granted in part and denied in part the discovery motions and granted in part and denied in part the protective order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Interrogatories 1 and 2 must exclude 10 p.m. cut-off overdetentions.	Barnes argues the order limited discovery to total overdetentions, not exclusions.	District contends the trial-relevant figure excludes 10 p.m. overdetentions.	Yes, exclude 10 p.m. overdetentions; determine both total and 10 p.m. overruns.
Whether Interrogatories 5 and 6 require creation of new data analyses.	Plaintiffs claim no obligation to generate additional breakdowns.	Breakdowns could aid trial accuracy.	Denied for mandatory data creation; can be addressed in depositions and motions.
Whether the Second Motion to Compel (Interrogatories 7–12) should be granted.	Plaintiffs have not conducted analyses; not required to create documents.	Such analyses are helpful to defense.	Denied; only deposition-based questioning allowed; no mandatory data creation.
Whether the protective order should bar certain expert depositions beyond scope.	District seeks depositions outside limited discovery.	Limited scope supports efficient trial preparation.	Partially granted; preclude certain post-release strip-search analysis; other questions allowed at deposition.

Barnes v. District of Columbia, 793 F. Supp. 2d 260 (D.D.C. 2011) (discovery scope regarding 10 p.m. cut-off overdetentions and trial planning)