(2) the impact upon persons who have given information of having their identities disclosed;
(3) the degree to which governmental self-evaluation and consequent program improvement will be chilled by disclosure;
(4) whether the information sought is factual data or evaluative summary;
(5) whether the party seeking discovery is an actual or potential defendant in any criminal proceeding either pending or reasonably likely to follow from the incident in question;
(6) whether the investigation has been completed;
(7) whether any interdepartmental disciplinary proceedings have arisen or may arise from the investigation;
(8) whether the plaintiff's suit is nonfrivolous and brought in good faith;
(9) whether the information sought is available through other discovery or from other sources; and
(10) the importance of the information sought to the plaintiff's case.
2 The [*15] Court finds no sanctionable conduct on the part of the BOP with regard to Mr. Monarez's deposition.
III. Conclusion
Based on the foregoing, Plaintiff's Motion to Compel and for Sanctions Against Bureau of Prisons Terre Haute Indiana for Failure to Respond to Discovery and Produce Memorandum of Hector Rivera [Dkt. 163] is DENIED.
1 The term "Touhy request" comes from the Supreme Court decision,
2 The notice also sought testimony as to "all recordings of Robert Taylor, whether audio or video, at USP—Terre Haute." [Dkt. 163-1.] As the BOP maintains there are no recordings of Plaintiff, only policy and procedural topics remained.