Deported Plaintiff Can Be Deposed Telephonically, Dismissal Denied
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The plaintiff sued under the Federal Tort Claims Act alleging that INS agents beat him up. He was subsequently deported and forbidden to return to the United States. The government moved to dismiss on the ground that he didn't show up for his deposition. The court rules that the deposition can be taken telephonically and/or by written interrogatories. It analogizes the government's position to shutting down the postal service and then penalizing citizens for not mailing in their taxes. See: Baraz v. United States, 181 F.R.D. 449 (C.D.Cal. 1998).