HOUSTON (LN) — U.S. District Judge Andrew S. Hanen on Thursday granted defendants' motions to limit discovery to qualified immunity and quash a plaintiff's subpoena to the Houston Police Department, ruling the requests were so far-reaching that the court could not reform them.
Hanen granted the motions to quash filed by both the Houston Police Department and defendant Officer Joseph Rodgers, finding that plaintiff Brandon McWashington went well beyond the scope of the court's prior guidance.
In a March 12 order, Hanen had outlined specific categories of information McWashington should seek, including use-of-force reports, departmental training policies, complaint histories, and training records for Rodgers and his K-9, Rico.
Instead of adhering to that framework, McWashington's subpoena sought "so much information that the phrase 'fishing expedition' does not do it justice," Hanen wrote.
The court found the requests were "so far-reaching and so beyond any limit justified by the pleadings in this case that this Court has no way to reform the subpoena," leading to its total quashing.
Hanen also granted the defendants' motion to limit discovery to qualified immunity, noting that in this "genre of litigation," qualified immunity means immunity itself, not just from judgment.
Current discovery is now restricted to areas reasonably related to qualified immunity until those issues are resolved.
To ensure fairness, Hanen granted McWashington's motion to stay the case, giving the parties until September 30, 2026, to complete discovery on immunity.
Defendants have until October 16, 2026, to file dispositive motions on qualified immunity, with responses due by November 6 and replies by November 20.
Following rulings on those motions, or if none are filed, Hanen will enter a scheduling order to govern the remainder of the case.