Free Proposed Voir Dire - District Court of Arizona - Arizona

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TERRY GODDARD Attorney General CATHERINE M. BOHLAND Assistant Attorney General State Bar No. 022124 1275 West Washington Phoenix, Arizona 85007-2926 Telephone: (602) 542-4951 Fax: (602) 542-7670 [email protected] Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF ARIZONA ANDRE ALMOND DENNISON, Plaintiff, v. CONRAD LUNA, et al., Defendants. The parties hereby request the following voir dire questions: I. GENERAL A. 1. 2. entire trial? 3. 4. Do you have a problem sitting or concentrating for long periods of time? Have you served as a juror before? Please describe the type of case and Joint Do you have any difficulty hearing or seeing? Is there anything that would make it impossible for you to attend the JOINT PROPOSED VOIR DIRE QUESTIONS Case No: CIV 03-2373 PHX-SRB (JRI)

outcome. Were you the foreperson? Did you vote with the majority? 5. 6. Do you have any medical training? Have you ever worked in the health care industry?

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7. 8. 9.

Do you have any legal training? Have you ever worked in a law office or in conjunction with lawyers? Are there any lawyers in your family? If so, what is your relationship

with the attorney? Where do they practice? What kind of law do they practice? Do they ever discuss their cases with you? Based on your discussions with these attorneys, have you formed any opinions that would make it difficult for you to serve as a fair and impartial juror in this case? 10. Have you, or anyone in your family ever been involved as a party or

witness in a lawsuit? What type? What were the results? 11. Have you or a member of your immediate family ever been the victim of

a crime? What type of crime was it? Was the perpetrator ever caught and convicted? 12. Were you ever in the military? What position did you hold? Did you

ever serve in the military police? B. 1. 2. 3. 4. Plaintiff

Where were you born? What is your date of birth Where did you grow up? Did you have both parents during your childhood? If not, what were

your circumstances? 5. 6. 7. 8. 9. 10. 11. Where do you live now? How long have you lived in the area? Do you own your own home? How many brothers and sisters do you have? What did you want to be when you were in high school? How many years of formal education do you have? Do you have any children? How many? How old?

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II.

EMPLOYMENT A. 1. Joint Do you work? What is your job? How long have you worked in that

capacity? 2. Does your spouse work? What is their job? How long have they worked

in that capacity? 3. Have you or any member of your family ever held any job in (a) law

enforcement agency, (b) department of corrections, (c) any government agency, (d) the state or local police, (e) the FBI, (f) any prosecutor's office, or (g) a private detective or security guard agency? 4. enforcement? 5. agency? B. 1. 2. 3. 4. 5. 6. III. Plaintiff What did your parents do for a living? Are you a supervisor at work? How many people do you supervise? How do you like your job? If you could change your life, what would you do? What are your goals for the next five years? Where are the other members of your immediate family employed? Does your job cause you to work with any law enforcement officer or Do you know anyone who works or used to work in corrections or law

PARTICIPANTS The following persons may be called as witnesses in this case: A. Plaintiff's Witnesses 1. 2. Andre Almond Dennison Cameron Walker

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3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23.

David Whiteaker Dennis Merritt Leonard Brent Eric Cobb Ernest Hewitt Carol Pinson Paula Fridenmaker Vince James Kathy Cooper Shawn Johnson Andrew Love Nathalie Nelson Neil Emore Dr. Stapley Jennifer Clemenshaw Carol Lamb Cristle Gordon Wendy Eccles CO III M. Evans Matthew A. Ritter Tony Jackson

Defendants' Witnesses 1. 2. 3. 4. Audrey Burke Paula Fridenmaker Vince James ADC physician

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5. 6. 7. 8. 9. 10.

Custodian of Records, Arizona Department of Corrections Kathy Cooper Ernest Hewitt Carol Pinson Nathalie Nelson Jennifer Thelen

Do you know any of these people? Do you know any of the parties, attorneys, or Judge involved with this

Do you have any strong feelings about prisons, prisoners, or prison

employees which might affect your ability to sit as a fair and impartial juror? 4. Do you know anyone who was or is employed by or is in any way

connected with the Arizona State Prison Complex-Florence located in Florence, Arizona? 5. Before today, have you known any of the members of the jury panel

sitting here with you? IV. CORRECTIONS A. 1. Joint Have you, a family member, or a close personal friend ever been charged

with or convicted of a felony? If so, who? What offense? When? 2. Have you, a family member, or a close personal friend ever been

incarcerated in jail or prison? If so, who? Where? When? Has this person ever sued prison officials for any reason? If so, what was the result? 3. Have you ever visited a jail or prison? When? Why?

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4.

Have you heard or read anything about the Arizona Department of

Corrections that has caused you to have any strong feelings about the Arizona Department of Corrections or its employees? 5. Has a family member or close personal friend had contact with the

Arizona Department of Corrections or an individual officer thereof? If so, what was the nature of the contact? Do you believe your ability to sit as a fair and impartial juror in this case is affected by your experience or the experience of someone you know? 6. Do you know anyone that has worked in a jail, prison, parole, or

probation office? 7. Do you have any opinions concerning any of the prison facilities in

Arizona? What are they? V. RETALIATION A. 1. Joint Have you, a family member, or a close personal friend ever been a party

to a lawsuit involving a claim against an official of the Arizona Department of Corrections? If so, what was the outcome? 2. Have you, a family member, or a close personal friend ever been

physically restrained by a law enforcement officer? When? Why? 3. Have you ever witnessed an incident where law enforcement officers

physically restrained someone? If so, how do you feel the officers conducted themselves? B. 1. Plaintiff Have you, a family member, or a close personal friend ever been a party

to a lawsuit involving a claim against an official of the Arizona Department of Corrections? If so, what was the outcome?

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2.

Have you, a family member, or a close personal friend ever been

physically restrained by a law enforcement officer? When? Why? 3. Have you ever been stopped by law enforcement in your vehicle? How

did it make you feel? 4. Have you ever had a confrontation with law enforcement? When?

5.

Have you ever witnessed an incident where law enforcement officers

physically restrained someone? If so, how do you feel the officers conducted themselves? 6. Have you ever witnessed an incident where law enforcement officers physically restrained someone where you felt the use of force was unnecessary? 7. Have you ever been inside a jail or prison? What were the

circumstances? 8. 9. 10. 11. 12. Do you think prisoners are treated too lightly? Do you think prisoners are afforded too many privileges? Do you think a person loses any rights when he or she is sent to prison? What is the purpose of prison? If a prisoner disobeys an order, should he or she be punished, and if so,

13.

Under what circumstances, if any, do you think corporal punishment of a

prisoner is appropriate? 14. Under what circumstances do you think it would be appropriate for a

prison official to hit a prisoner or use physical force against a prisoner when the prisoner is in restraints and unable to resist? Does it matter what the prisoner was convicted of and sent to prison for? What if the prisoner is a convicted sex offender? 15. Do you believe that prisoners are entitled to humane and fair treatment?

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16.

Do you believe there are circumstances under which a prisoner forfeits

his or her right to humane and equitable treatment? 17. If someone is harmed by the actions of another person, under what

circumstances should he bring a lawsuit and be compensated for the harm inflicted by the prison official? 18. What do you think should be done to a prison official if it is shown that

he used physical force against a prisoner without provocation or saw others doing so and did not intervene? 19. Have you ever been retaliated against for doing the right thing? How did

you feel about it? What were the circumstances? 20. Do you feel that a prison official should be able to retaliate against a

prisoner for doing the right and legal thing? 21. What do you think should be done to a prison official if it is shown that

he retaliated against a prisoner for doing the right and legal thing? VI. RACE A. 1. services? 2. 3. What is your ethnicity? Do you belong to social clubs or organizations that bar membership to Plaintiff What is your religious belief? How often do you attend religious

some individuals based on their race or ethnic origin? VII. CREDIBILITY A. 1. Plaintiff Do you know anyone who has been in prison? What is your relationship

with that person? What was the person imprisoned for? How long was the sentence?

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2.

If a prisoner and a prison official give conflicting testimony about the

same incident, which one would you be inclined to believe and why? 3. If you knew someone had been convicted of a crime, would that make

you less likely to believe he or she was telling the truth? 4. Under what circumstances, if any, would a prison official be likely to

give false testimony? 5. prisoner? 6. Under what circumstances do you think people who work together on the Do you think that a prison guard is more likely to tell the truth than a

same jobs are likely to protect a co-worker they suspect of wrong-doing? 7. If you were in a position to hire someone, under what circumstances

would you hire a person with a criminal record? VI. MISCELLANEOUS A. 1. 2. 3. Joint Do you belong to any clubs or organizations? Do you have any bumper stickers on your car? If so, what do they say? Do you have any stickers attached to your car windshield or rear glass?

If so, what do they say? 4. Do you have a personalized or special organization license plate? If so,

what does it say? 5. 6. What magazines do you regularly read? Based on the court's description of the case, is there anything about this

kind of lawsuit that makes you uncomfortable or reluctant to sit on the jury? 7. If you were selected to sit on this case, will you be able to render a

verdict solely on the evidence presented during the trial, disregarding any other ideas,

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notions or beliefs that you may have about the law or other cases you have heard or read about in the media? 8. Is there anything that might bear on your ability to sit as a fair and

impartial juror which you would like to share with the court outside the presence of the rest of the jurors? B. Plaintiff 1. 2. 3. 4. 5. 6. 7. 8. 9. What do you do in your free time? What are your hobbies? What television shows do you watch? What kind of books do you read? What year, make, and model of cars so you own? What are your favorite type of shoes to wear? Where do you shop for most of your clothes? What is your favorite store to shop for clothes? If you could shop for clothes anywhere you wanted to, where would you

shop? Which stores? 10. big is it? 11. In this case you may hear testimony from medical doctors and prisoners. Do you have any tattoos? What are they? Where are they located? How

Have you ever had any experience with either doctors or prisoners which affected you in some way so that you could not be an impartial juror in a case involving such testimony? 12. In this case, the Defendant is represented by attorneys for the Arizona

State Office of the Attorney General. Do you understand that this title has no particular significance, and that these attorneys are merely lawyers employed by the government, and in this case, to represent a State employee?

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Undersigned counsel and Plaintiff have engaged in five separate telephonic conferences in order to prepare and lodge the proposed pretrial order and accompanying jury instructions, verdict forms, and voir dire questions. During our last telephonic conference, Plaintiff became upset that undersigned counsel would not enter stipulations that he felt were made by prior counsel on the case. To the best of undersigned counsel's knowledge, the voir dire questions are not disputed by the Plaintiff. Plaintiff submitted his voir dire questions to undersigned counsel and all the questions have been typed into this document. Plaintiff has a current copy of this document (absent footnote 1). Undersigned will also send Plaintiff a copy of this document when it is filed with the Court.
1

RESPECTFULLY SUBMITTED on this 24th day of October, 2006 TERRY GODDARD Attorney General

s/Catherine M. Bohland CATHERINE M. BOHLAND Assistant Attorney General Attorneys for Defendants

(Plaintiff refused to sign) ANDRE ALMOND DENNISON1 Plaintiff Pro Se

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ORIGINAL of the foregoing electronically filed this 24th day of October, 2006, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Phoenix, AZ 85003 Copy of the foregoing has been mailed this 24th day of October, 2006, to: _ Andre Almond Dennison, # 143931 ASPC-Lewis ­ Morey Unit P.O. Box 3300 Buckeye, AZ 85326 Plaintiff Pro Per s/A. Palumbo Secretary to Catherine M. Bohland
IDS04-0294/RM#G

981467

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