Pleading form with 28 lines

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UNITED STATES DISTRICT COURT
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WESTERN DISTRICT OF TEXAS
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SAN ANTONIO DIVISION
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MARTIN VICTOR HILL, PRO SE ) Civil Action No. 5:12-CV-00827
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Plaintiff,
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vs.
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THE TEXAS DEPARTMENT OF
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PUBLIC SAFETY, YOLANDA
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AGUINAGA, AND KEVIN
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MARMOR
Defendants
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Plaintiffs’ First Set of Request for Production of Documents and Things
to Defendants
TO: Kevin Marmor, Yolanda Aguinaga, via e-mail to Seth Dennis,
([email protected]); Rachael Airen
([email protected])
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Plaintiff Martin Hill, pursuant to Rule 34, requests the production within thirty
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(30) days after service herein, each and every document described below.
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Plaintiff specifically request that Defendants observe Rule 26(e) regarding the
Timely supplementation of responses to these foregoing requests. In responding to
the requests contained herein, you are instructed as follows:
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(a) ‘You’, ‘your or ‘Defendants’ as used herein refers to Kevin Marmor and
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Yolanda Aguinaga, as well as all agents, attorneys, employees, representatives, and
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any other person acting or purporting to act on Kevin Marmor and Yolanda
Aguinaga’s behalf.
(b) “Person” as used herein means any natural person, firm, association,
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organization, partnership, business trust, corporation or public entity.
(c) “Incident” as used herein refers to the incidents complained of in Plaintiff’s
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Original Complaint.
(d) “Communication” as used herein means any transfer of information, written
or oral, formal or informal, by any means whatsoever.
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(e) “Evidencing” as used herein means tending to show, in any probative
manner, the existence or non-existence of any matter.
(f) “Document” as used herein means the original and each non-identical copy
(whether different from the original because of marginal notes or other material
inserted therein, or attached thereto, or for any other reason) of any recording of
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information on any tangible thing. This includes, but is not limited to all, whether
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an original or a draft, and however produced or reproduced, the following:
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memoranda, paper, books, letters, correspondence, notes, handwritings,
type writings, photostats, mimeographs, photographs, transcripts, minutes,
microfilm, microfiche,reports, recordings of telephone conversations or other
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communications, recording of interviews or other meetings, contents of business or
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personal files, contracts, computer printouts, computer disks, data processing
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inputs or outputs, summaries, statements, affidavits, maps, charts, drawings,
diagrams, videotape, audiotape, x-rays, and any other data compilations from
which information can be obtained or translated.
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(g) “Concerning” means referring to, alluding to, responding to, relating to,
Connected with, commenting on, in respect of, about, regarding, discussing,
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showing, describing, mentioning, reflecting, analyzing, constituting, evidencing or
pertaining to.
(h) Any document requested herein which is in the actual or constructive care,
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custody, control or possession of Defendants, is to be provided to the Plaintiff per
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the terms of this request. If a privilege is claimed, please specifically identify the
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privilege on which you rely.
CLAIMS OF PRIVILEGE
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If you claim that any document for which production is requested is privileged
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from disclosure or otherwise beyond the scope of discovery, for each such
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document:
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1. Identify the document, specifying the date (or approximate date) of
preparation, the nature of its content, the name of the author, and the name and
business address of its custodian.
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2. Specify the exact nature of the privileged claim.
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LOST OR DESTROYED DOCUMENTS
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If any document for which production is requested has been lost or destroyed, for
each such document, state the circumstances relating to loss or destruction of such
documents, the approximate date of the loss or destruction and a reasonably
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complete description of the contents of said document.
Respectfully submitted,
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Martin Victor Hill
Appearing Pro Se
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Certificate of Service
I, Martin Victor Hill, do hereby certify that a true and correct copy of the above
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and foregoing Plaintiffs’ First Set of Request for Production of Documents
and Things to Defendants has been served by via email to Kevin Marmor,
Yolanda Aguinaga, via e-mail to Seth Dennis,
([email protected]); Rachael Airen
([email protected]) on this the 10th day of August, 2013.
/s/ Martin Victor Hill
MARTIN VICTOR HILL
Appearing Pro Se
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Requests for Production
Request for Production No. 1: Please produce the entire file from the Texas
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Department of Public Safety involving Plaintiff Martin Victor Hill and
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Defendants Kevin Marmor and Yolanda Aguinana, involving the incident
of November 10, 2010, including, but not limited to, all documents, files, notes,
summaries, audio tapes, video tapes, electronic data, (to include any and all
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existing electronic copies of documents, reports, summaries, emails, text
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messages, interoffice communications or any other data), and any other
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information maintained by the Texas Department of Public Safety in regards
to the incident on November 10, 2010 and any related matters.
Answer:
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Request for Production No. 2: Please produce any and all records of all
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communication between the Texas Department of Public Safety and any
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other law enforcement agencies or governmental agencies regarding
Plaintiff Martin Victor Hill, including but not limited to, the U.S. Department
of Justice, Federal Bureau of Investigation, the Department of Homeland
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Security, the California Department of Motor Vehicles, any California law
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enforcement agencies and/ or any city, county, state or federal law
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enforcement agencies.
Answer:
Request for Production No. 3: Please produce all personnel records for Yolanda
Aguinaga while employed by the Texas Department of Public Safety, and any and
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all related agencies, and/or any other employer Aguinaga worked for in law
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enforcement and/or as a civilian DOT/commercial vehicle inspector.
Answer:
Request for Production No. 4: Please produce all personel records for Kevin
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Marmor while employed by the Texas Department of Public Safety, any and all
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related agencies, and/or any other employer Marmor worked for in law
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enforcement and/or related fields.
Answer:
Request for Production No. 5: Please produce a list of any and all law
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enforcement agencies that Yolanda Aguinaga has worked for.
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Request for Production No. 6: Please produce a list of any and all law
enforcement agencies that Kevin Marmor has worked for.
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Request for Production No. 7: Please produce copies of all data, records and
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details of any and all disciplinary action and/or corrective action ever taken
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against Kevin Marmor by the Texas Department of Public Safety and/or any other
employer Marmor worked for in law enforcement; including all information,
details, and records of the "corrective action" which was acknowledged to have
been taken against Marmor as a result of the November 10, 2010 incident
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involving Plaintiff Martin Hill.
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Answer:
Request for Production No. 8: Please produce copies of all data, records and
details of any and all disciplinary action and/or corrective action ever taken
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against Yolanda Aguinana by the Texas Department of Public Safety and/or any
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other employer Aguinaga worked for in law enforcement and/or as a civilian
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DOT/commercial vehicle inspector; including all information, details, and records
of the "corrective action" which was acknowledged to have been taken against
Aguinaga as a result of the November 10, 2010 incident involving Plaintiff Martin
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Hill.
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Answer:
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Request for Production No. 9: Please produce all information, details, and copies
of all data relating to training and/or retraining provided to Kevin Marmor by the
Texas Department of Public Safety and/or any other employer Marmor worked for
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in law enforcement, including the retraining which was acknowledged to have
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been given to Marmor as a result of the November 10, 2010 incident involving
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Plaintiff Martin Hill.
Answer:
Request for Production No. 10: Please produce all information, details, and
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copies of all data relating to training and/or re-training provided to Yolanda
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Aguinaga by the Texas Department of Public Safety and/or any other employer
Aguinaga worked for in law enforcement, including retraining which was
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acknowledged to have been given to Aguinaga as a result of the November 10,
2010 incident involving Plaintiff Martin Hill
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Answer:
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Request for Production No. 11: Please produce copies of all Information on any
and all civilian complaints of misconduct ever filed against Yolanda Aguinaga
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while employed by the Texas Department of Public Safety and/or any other
employer Aguinaga worked for in law enforcement and/or as a civilian
DOT/commercial vehicle inspector.
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Answer:
Request for Production No. 12: Please produce copies of all Information on any
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and all civilian complaints of misconduct ever filed against Kevin Marmor while
employed by the Texas Department of Public Safety and/or any other employer
Marmor worked for in law enforcement.
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Answer:
Request for Production No. 13: Please produce any and all records of any verbal
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and/or 'unofficial' complaints and/or allegations of misconduct ever alleged or
issued against against Yolanda Aguinaga while employed by the Texas
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Department of Public Safety and/or any other employer Aguinaga worked for in
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law enforcement and/or as a civilian DOT/commercial vehicle inspector.
Answer:
Request for Production No. 14: Please produce any and all records of any verbal
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and/or 'unofficial' complaints and/or allegations of misconduct
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ever alleged or issued against against Kevin Marmor while employed by the Texas
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Department of Public Safety and/or any other employer Marmor worked for in law
Enforcement.
Answer:
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Request for Production No. 15: Please produce all records of any verbal
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warnings or suspensions ever given to Yolanda Aguinaga while employed by the
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Texas Department of Public Safety and/or any other employer Aguinaga worked
for in law enforcement and/or as a civilian DOT/commercial vehicle inspector.
Answer:
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Request for Production No. 16: Please produce all records of any verbal
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warnings or suspensions ever given to Kevin Marmor while employed by the
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Texas Department of Public Safety and/or any other employer Marmor worked for
in law enforcement.
Answer:
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Request for Production No. 17: Please produce the name(s) of any officer or
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supervisor with whom Kevin Marmor ever discussed the case involving Plaintiff
Martin Hill regarding the events of November 10, 2010.
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Answer:
Request for Production No. 18: Please produce the name(s) of any officer or
supervisor with whom Yolanda Aguinaga ever discussed the case involving
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Plaintiff Martin Hill regarding the events of November 10, 2010.
Answer:
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Request for Production No. 19: Please produce any and all daily log books,
memos, and/or any reports generated to a supervisor by Kevin Marmor for
November 10, 2010.
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Answer:
Request for Production No. 20: Please produce any and all daily log books,
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memos, and/or any reports generated to a supervisor by Yolanda Aguinaga for
November 10, 2010.
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Answer:
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Request for Production No. 21: Please produce any and all written, typed or
computer generated reports of November 10, 2010 by Kevin Marmor, be they
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personal or inter-department.
Answer:
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Request for Production No. 22: Please produce any and all written, typed or
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computer generated reports of November 10, 2010 by Yolanda Aguinaga, be they
personal or inter-department.
Answer:
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Request for Production No. 23: Please produce any and all Texas Department of
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Public Safety departmental phone records regarding the incident of November 10,
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2010 and Plaintiff Martin Hill.
Answer:
Request for Production No. 24: Please produce the timecard/ sign in sheet and
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documentation of hourly wages for Kevin Marmor for the date of November 10,
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2010.
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Answer:
Request for Production No. 25: Please produce the timecard/ sign in sheet and
documentation of hourly wages for Yolanda Aguinaga for the date of November
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10, 2010.
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Request for Production No. 26: Please produce documentation and all records of
the work schedule and work break schedule for Kevin Marmor for the month of
November 2010.
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Request for Production No. 27: Please produce documentation and all records of
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the work schedule and work break schedule for Yolanda Aguinaga for the month
of November 2010.
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Request for Production No. 28: Please produce copies of any and all records of
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Written and/or verbal Employee reviews and or performance reviews, awards,
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admonishments, write-ups, or criticisms of Kevin Marmor by the Texas
Department of Public Safety and/or any other employer Marmor has worked for in
law enforcement.
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Answer:
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Request for Production No. 29: Please produce copies of any and all records of
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Written and/or verbal Employee reviews and or performance reviews, awards,
admonishments, write-ups, or criticisms of Yolanda Aguinaga by the Texas
Department of Public Safety and/or any other employer Aguinaga has worked for
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in law enforcement and/or as a civilian DOT/commercial vehicle inspector.
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Answer:
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Request for Production No. 30: Please produce a list of any/all partners that
Kevin Marmor has worked with while employed with the Texas Department of
Public Safety and any other law enforcement agency.
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Request for Production No. 31: Please produce a list of any/all partners that
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Yolanda Aguinaga has worked with Texas Department of Public Safety and as a
commercial vehicle inspector.
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Request for Production No. 32: Please produce a list of any and all certifications,
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classes, and continuing education courses that Yolanda Aguinaga has completed or
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is required to take and/or maintain as a condition of her employment with the
Texas Department of Public Safety and as a commercial vehicle inspector.
Answer:
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Request for Production No. 33: Please produce a list of any and all certifications
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and classes, and continuing education courses that Kevin Marmor has completed or
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is required to take and/or maintain as a condition of his employment with the
Texas Department of Public Safety.
Answer:
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Request for Production No. 34: Please produce a copy of any and all verbal and
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written oaths that Kevin Marmor has taken and/or sworn to, or is required to take,
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as a condition of or result of his employment with the Texas Department of
Public Safety.
Answer:
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Request for Production No. 35: Please produce a copy of any and all verbal or
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written oaths that Yoland Aguinaga has taken and/or sworn to, or is required to
take, as a condition of or result of her employment with the Texas Department of
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Public Safety and/or as a commercial vehicle inspector.
Answer:
Request for Production No. 36: Please produce copies of all records and
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information on any/all lawsuits that have ever been filed against Kevin Marmor
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Request for Production No. 37: Please produce copies of all records and
information on any/all lawsuits that have ever been filed against Yolanda Aguinaga
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Request for Production No. 38: Please produce copies of any and all information
and documents relating to criminal records, charges, indictments, and /or
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convictions against Yolanda Aguinaga.
Answer:
Request for Production No. 39: Please produce copies of any and all information
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and documents relating to criminal records, charges, indictments, and /or
convictions against Kevin Marmor.
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Answer:
Request for Production No. 40: Please produce all training manuals that are used
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in training and/or provided to Kevin Marmor as part of his employment with the
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Texas Department of Public Safety.
Answer:
Request for Production No. 41: Please produce all training manuals that are used
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in training and/or provided to Yolanda Aguinaga as part of her employment with
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the Texas Department of Public Safety and/or her employment as a commercial
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vehicle inspector.
Answer:
Request for Production No. 42: Please produce all employee handbooks and/or
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training manuals that are used and issued in connection with Kevin Marmor's
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employment with the Texas Department of Public Safety.
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Answer:
Request for Production No. 43: Please produce all employee handbooks and/or
training manuals that are used and issued in connection with Yolanda Aguinaga's
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employment with the Texas Department of Public Safety and/or her employment
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as a commercial vehicle inspector.
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Answer:
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Request for Production No. 44: Please produce a list of any and all fraternal
organizations, clubs, groups, and or secret societies, public societies, and law
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enforcement groups, that Kevin Marmor is a member of or has been a member of
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since working in law enforcement.
Answer:
Request for Production No. 45: Please produce a list of any and all fraternal
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organizations, clubs, groups, and or secret societies, public societies, and law
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enforcement groups that Yolanda Aguinaga is a member of or has been a member
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of since working in law enforcement.
Answer:
Request for Production No. 46: Please produce records of any and all verbal and
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written admissions, medical records and documentation that exists of any
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alcoholism, illicit drug use, drug abuse treatment, alcoholism treatment, mental
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health treatment, hospitalization, or care received by Kevin Marmor from 20082013.
Answer:
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Request for Production No. 47: Please produce records of any and all verbal and
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written admissions, medical records and documentation that exists of any
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alcoholism, illicit drug use, drug abuse treatment, alcoholism treatment, mental
health treatment, hospitalization, or care received by Yolanda Aguinaga from
2008-2013.
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Request for Production No. 48: Please produce all records of any and all
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extended time off work that Kevin Marmor has taken since he has been employed
with the Texas Department of Public Safety.
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Request for Production No. 49: Please produce all records of any and all
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extended time off work that Yolanda Aguinaga has taken since she has been
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employed with the Texas Department of Public Safety or as a commercial vehicle
inspector.
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Request for Production No. 50: Please produce information and listings of any
and all nongovernmental agencies and/or nongovernmental law enforcement
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education organizations that provide or have ever provided written, verbal, course
training or seminars to Kevin Marmor and Yolanda Aguinaga and to employees
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and supervisors of the Texas Department of Public Safety; and any non
governmental groups which have provided writen or verbal, or course training to
the supervisors of Kevin Marmor and Yolanda Aguinaga or to the Texas
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Department of Public Safety.
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Request for Production No. 51: Please produce copies and full details of any and
all training and/or seminars offered to Kevin Marmor and Yolanda Aguinaga and
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to the employees and supervisors of the Texas Department of Public Safety by The
Anti-Defamation League, The Anti-Defamation League’s Advanced Training
School, The Anti-Defamation League’s Advanced Training School (ATS) course
on Extremist and Terrorist Threats, The Southern Poverty Law Center, The
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American Civil Liberties Union, and any and all non governmental agencies,
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private security companies, and domestic and foreign groups or corporations.
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Include full copies of the curriculum offered in these courses.
Answer:
Request for Production No. 52: Please produce copies and full details of any and
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all training and/or seminars and curriculum offered to Kevin Marmor and Yolanda
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Aguinaga and their TX DPS supervisors by the U.S. Department of Homeland
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Security, the Federal Bureau of Investigation, U.S. Secret Service, The Texas
Attorney General, Coast Guard Investigative Service, Immigrations and Customs
Enforcement, Central Intelligence Agency Threat Management Unit, Texas
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Department of Criminal Justice, Texas Parks & Wildlife Department, Department
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of the Treasury, Drug Enforcement Administration, The Bureau of Alcohol,
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Tobacco, Firearms and Explosives, Army National Guard, and any other local,
state, national, or international governmental agency which has trained Kevin
Marmor, Yolanda Aguinaga, and or their superiors at the Texas Department of
Public Safety.
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Request for Production No. 53: Please produce copies and full details of any and
all training and/or seminars ever offered to Kevin Marmor and Yolanda Aguinaga
by any law enforcment agency and or non-governmental agency or group which
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covered the curriculum and topics of the 4th Amendment, Constitutional rights,
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Identification requirements, the 'sovereign citizen' movement, libertarians, white
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supremacy, anti-government extremism, anti-terrorism, homegrown Islamic
extremism, the 9/11 attacks, 9/11 truthers, conspiracy theorists, Ron Paul
supporters, Constitutionalists, anti-abortionists, religious extremism, and all related
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subjects.
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Request for Production No. 54: Please produce copies and full details of any
curriculum and all training and/or seminars offered to Kevin Marmor and Yolanda
Aguinaga by the Intelligence and Counterterrorism Division (ICT) and the Texas
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Fusion Center. Include their training on ID requirements and the 4th Amendment.
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Answer:
Request for Production No. 55: Please produce copies and full details of any
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curriculum and all training and/or seminars offered to Kevin Marmor and Yolanda
Aguinaga by the Texas Department of Public Safety Law Enforcement Education
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training program, including the curriculum and all records of Marmor and
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Aguinaga's completion of at least 40 hours of continuing education every two
years, from the years of 2006-2013. Include all written and verbal evaluations for
Marmor and Aguinaga.
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Answer:
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Request for Production No. 56: Please produce copies and full details of any
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curriculum and all training and/or seminars offered to Kevin Marmor and Yolanda
Aguinaga by the Texas Department of Public Safety Tactical Training Center,
including classes and curriculum presented by the Texas Department of Public
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Safety Employee Development (ED) regarding the 4th Amendment, ID
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requirements, and curriculum of the Employee Development course "Dealing with
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Difficult People."
Answer:
Request for Production No. 57: Please produce a hard copy of the 'TEXAS
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COMMERCIAL MOTOR VEHICLE DRIVER HANDBOOK'
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http://www.txdps.state.tx.us/internetforms/Forms/DL-7C.pdf
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Answer:
Request for Production No. 58: Please produce a hard copy of 'A Texas Motor
Carrier’s Guide to Improving Highway Safety'
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http://www.txdps.state.tx.us/internetforms/Forms/MCS-9.pdf
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Answer: