Wasim Aziz, Plaintiff-Appellant, v. T. G. Wright; Penny R. Epperson; Mike Taggert; Rick Wallace; Ansel Card; Urban A. Lock; - Heyer; Richter; - Watts; Harriett Swinger; Dr. Raymond Kalfus; Randy Mobley; Vivian Watts, Defendants-Appellees. Wasim Aziz, Plaintiff-Appellant, v. T. G. Wright, Penny R. Epperson; Mike Taggert; Rick Wallace; Ansel Card; Urban A. Lock; - Heyer; Richter; - Watts; Harriett Swinger; Dr. Raymond Kalfus; Randy Mobley; Vivian Watts, Defendants-Appellees. Wasim Aziz, Plaintiff-Defendant, v. Carl White, Superintendent; Mike Taggert; - Wallace; Atkins; Ansel Card; Urban A. Lock, Defendants-Appellees, Wasim Aziz, Plaintiff-Appellant, v. State of Missouri; Carl White, Superintendent; - Wallace; Atkins; - Taggert; Defendants-Appellees, Wasim Aziz, Plaintiff-Appellant, v. Carl White, Superintendent; Atkins; - Taggert; - Wallace; Missouri Department of Corrections; Dick Moore; Ansel Card; Urban A. Lock, Defendants-Appellees., 34 F.3d 587

Summary

Plaintiff prisoner filed a 42 U.S.C.S. § 1983 complaint against defendant correction officers. The magistrate judge granted defendants permission to depose plaintiff. Defendants attempted to depose plaintiff, however, he objected to being videotaped in his handcuffs, became belligerent, and refused to allow the deposition to commence as long as he remained in handcuffs. Defendants' attorney stopped the deposition because of plaintiff's behavior and filed a motion to dismiss pursuant to Fed. R. Civ. P. 41(b), on the ground that plaintiff had violated a court order when he refused to submit to a deposition. The magistrate judge recommended that the action be dismissed pursuant to Fed. R. Civ. P. 37(d). Defendants then tried a second time to depose plaintiff, who was again uncooperative and refused to be deposed. Defendants filed a second motion to dismiss. The district court adopted the magistrate judge's report and dismissed the complaint. On appeal, the court held that Rule 37(d) ...