Clayborne v. City of Milwaukee
2:19-cv-01689
| E.D. Wis. | Aug 29, 2025Background
- Jack A. Clayborne, proceeding under 42 U.S.C. §1983, brought claims against the City of Milwaukee and several Milwaukee Police Department officers for alleged excessive force during an incident in April 2018.
- The court set June 9, 2025, as the final discovery deadline, and July 9, 2025, for dispositive motions; both dates have passed with no dispositive motions filed.
- After the close of discovery, Clayborne filed a motion to compel production of the defendants’ medical and psychological records.
- Clayborne argued these records were necessary to determine officers’ fitness for duty and to support claims against the City regarding hiring and retention policies.
- The court reviewed arguments concerning the relevance and proportionality of such discovery under Fed. R. Civ. P. 26(b).
- There was also a docket irregularity regarding the inclusion of Daniel Keller as a defendant, which the court corrected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compelling production of medical/psych records | Believes records are relevant to claims of excessive force, department hiring, and Monell claims | Records are not relevant, defendants’ health not at issue, not proportional or important for case | Motion to compel denied; no relevance or proportionality shown |
| Relevance of records for Monell claim | Records show hiring and retention practices, code of silence | Monell claim does not involve policy of hiring/retention based on medical history | Argument waived (raised in reply), and not relevant to Monell claim |
| Overbreadth of discovery request | Seeks all employment-period records as relevant | Request is overbroad, includes periods unrelated to alleged incident | Request is overbroad and not tailored to issues |
| Status of Daniel Keller as a defendant | Plaintiff treated Keller as an active defendant | Defendants also treated Keller as defendant | Court orders docket to reflect Keller as active defendant |
Key Cases Cited
- Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658 (government liability under §1983 requires a policy or practice caused the violation)
- Glisson v. Ind. Dep’t of Corr., 849 F.3d 372 (municipal liability under Monell standard)