Whitall
Whitall v. Gutierrez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RAYMOND RICHARD WHITALL, Case No. 18-cv-01376-CRB (TSH)
Plaintiff,
DISCOVERY ORDER
v. Re: Dkt. No. 110, 117, 119 S.D. GUTIERREZ, et al., Defendants.
12 Plaintiff Raymond Whitall asserts an Eighth Amendment claim for excessive force arising out of an event on February 28, 2017. ECF No. 50. Recently, Judge Breyer reinstated Whitall’s state-law claims for cruel and unusual punishment, battery, use of unnecessary force, dependent adult abuse, battery against a dependent adult, dependent adult endangerment, intentional infliction of emotional distress, and a violation of the Bane Act, arising out of the same incident. ECF No. 113. Defendants have moved under Federal Rule of Civil Procedure 35 to take a mental examination of Whitall. ECF No. 110. Rule 35 requires that Whitall’s mental health be “in controversy” and that there be “good cause” for the exam before it can be ordered. The Supreme Court has explained that Rule 35 “requires…