Plevy v. Scully

CURTIN, Chief Judge.

This pro se civil rights action has been before this court for some time. Basically, plaintiff, an Orthodox Jew, contends that defendant denied him his right to use his tefillin in accordance with his religious beliefs. As an affirmative defense, defendant asserts that he acted in good faith and thus cannot be held financially liable for his conduct.1 Defendant now moves to dismiss the action pursuant to Rule 37(d), Federal Rules of Civil Procedure, because plaintiff refused to submit to depositions or to produce requested documents on September 23, 1980.

Plaintiff argues…