Free Proposed Voir Dire - District Court of Colorado - Colorado

Case 1:04-cv-01049-EWN-KLM

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01049-EWN-KLM MITCHELL GARRAWAY Plaintiff, v. KENNETH LINCOLN, LEE RITTENMEYER, and MARK ROBLES, Defendants.

DEFENDANTS' REQUESTED VOIR DIRE

Defendants Lincoln, Rittenmeyer, and Robles, through counsel, submit the following proposed voir dire: Note: If your answer to any of the following questions would prove embarrassing to you personally if answered in the presence of the panel as a whole, you may raise your hand and request that your answer be given in the conference room where the court and the attorneys will be present along with their clients. 1. prison? Do you personally know anyone who is serving or has served time in jail or

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If affirmative: Please state who you know, their relationship to you, and the institution where they are incarcerated. How will this knowledge influence your ability to render an impartial decision in this matter? 2. Have you ever had the occasion to visit a jail or prison for any reason? If affirmative: Describe what facility you visited and the reason for that visit. How would this influence your ability to render a fair decision in this case? 3. Have you heard of any court cases or investigations involving claims of

mistreatment by prison staff or prison officials? If affirmative: Voir dire outside of the presence of the jury panel to ascertain their knowledge. 4. Have you, or anyone you personally know of, ever been treated unfavorably

by a law enforcement officer? If affirmative: Please explain what happened to you or someone you know. How would this experience influence your ability to render an impartial decision in this matter? 5. Have you, your spouse, child or relative ever been discharged from the

military under less than honorable circumstances? If affirmative: Please explain. How would this experience influence your ability to render an impartial decision in this matter?

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6.

Do you now or have you ever worked for the federal government, including

military service? If affirmative: Please describe the position or positions you have held, and if you no longer work for the federal government, describe the circumstances under which you left. 7. Do you know anyone who is or has been employed by the Federal Bureau of

Prisons or any other correctional system such as a state or local government prison or jail? If affirmative: Please provide the name of the person and their relationship to you. How would this knowledge influence your ability to render a fair decision in this case? 8. Have you ever been the subject of an investigation by an agency of the

federal, state, or local government? If affirmative: Please describe. How would that experience influence your ability to render an impartial decision in this matter? 9. government? If affirmative: Please explain what the circumstances were, who the defendants and the plaintiffs were, when the suit was filed, and the result. 10. Have you ever filed a lawsuit, including a lawsuit against the government? Have you ever been sued by anyone or any entity, including the

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If affirmative: Please explain what the circumstances were, who the defendants and the plaintiffs were, when the suit was filed, and the result. 11. Have you ever been arrested or convicted of a crime for which you served

time in prison or jail? If affirmative: Please state the date, location, and the basis for the arrest or conviction, and how you felt you were treated. 12. 13. 14. To which organizations, associations, or clubs do you belong? Which newspapers, magazines, or periodicals do you like to read, if any? Do you have any problems with your hearing, sight, or any physical

infirmity, which would impair your ability to give your full attention to this trial? 15. Do you understand that the United States and any of its agencies, including

the Federal Bureau of Prisons, are not Defendants in this case? 16. Do you understand that the three Defendants in this lawsuit are being sued

in their individual capacities, which means that any adverse finding would require them to pay for any judgment personally and that the government will not be financially liable? 17. Is there any reason why you could not render an impartial decision in this

case or why you do not want to sit as a juror in this case?

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DATED this 13th day of September, 2007. Respectfully submitted, TROY A. EID UNITED STATES ATTORNEY

s/ Amy L. Padden Mark S. Pestal Amy L. Padden Assistant United States Attorneys 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 (303) 454-0100 Facsimile: (303) 454-0408 [email protected] [email protected]

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on September 13, 2007, I electronically filed the foregoing with the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail addresses: [email protected] [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand delivery, etc.) indicated by the nonparticipant's name Ben Brieschke (via U.S. Mail) Attorney-Advisor Federal Correctional Complex P.O. Box 8500 5880 Highway 67 South Florence, CO 81226

s/ Amy L. Padden United States Attorney's Office

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