Free Motion in Limine - District Court of Arizona - Arizona

Case 2:03-cv-01892-ROS Document.214-2 Filed O1/O3/2007 Page:1 0f4

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
TERESA AUGUST, a single woman, )
MARK AUGUST and JANE DOE AUGUST, )
husband and wife, for themselves and )
as parents and guardians for their )
minor child, MARCUS DAKOTA AUGUST, )
)
Plaintiff, )
)
vs. ) CV03-1892 PHX ROS
)
CITY OF PHOENIX, a body politic of )
the State of Arizona; OFFICER LYLE )
MONSON and JANE DOE MONSON, husband )
and wife; OFFICER NICHOLAS LYNDE and )
JANE DOE LYNDE, husband and wife; )
OFFICER TOBY DUNN and JANE DOE )
DUNN, husband and wife; OFFICER T. )
HEDGECOKE and JANE DOE HEDGECOKE, )
husband and wife; and R. GRIFFIN and )
JANE DOE GRIFFIN, husband and wife, )
)
Defendants. )
)
VIDEOTAPED DEPOSITION OF SAM HICKEY
Phoenix, Arizona
December 9, 2004
1:10 o'clock p.m.
Mary E. Marming, R.P.R.
Certified Court Reporter No. 50102
Original Prepared For:
Superior Court
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20 Q. Going back to Exhibit Number 7 -- I don't mean to
21 switch around on you so much; frankly, because I'm not that
22 organized. Page 12 of Exhibit Nmnber 7, about halfway down
23 the page:
24 "Theresa August: He had my arm...he had my arm.
25 "Monson: Was he twisting your ann like you have
106
1 it now?
2 "August: Yes.
3 "Monson: Twisted up?
4 "August: He was twisting my arm.
5 "Monson: And twisted it up and inside like you
6 have it?
7 "August: Yes."
8 Did you ever twist her right arm up as described
9 by Ms. August on Page 12 of Exhibit 7?
10 MR. TREON: Form.
11 THE WITNESS: No. My whole intention was to
12 restrain and not to injure her. And if by accident, I
13 wouldn't -- unless she twisted it on her -- I mean, I was
14 trying to contain her. And if she somehow had the strength
15 to twist her arm out of dislocation, then I suppose it
16 would be possible. I didn't twist, no.
17 Q. BY MR. TREON: So, what you're saying is that
18 because of her resistance and her struggling, she could
19 have ended up twisting her arm, but that was not your
20 intent?
21 MR. TREON: Form.
22 THE WITNESS: Exactly, yes.
145
14 Q. When you demonstrated that on me, you told me
15 that her arms were ilailing and you needed to use force to
16 keep her arms from hitting you; is that right?
17 MR. TREON: Form.
18 THE WITNESS: Yes. I needed to use force to
19 contain her.
20 Q. BY MS. WIENEKE: If she had not been ilailing her
21 arms about, there would have been no need for you to put
22 your hands on her, right?
23 MR. TREON: Form.
24 THE WITNESS: Wait. Can you repeat the question?
25 Q. BY MS. WIENEKE: Sure. If she was not ilailing
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146
1 her arms about trying to hit you, there would be no reason
2 for you to put your hands on her?
3 MR. TREON: Form. Misstates testimony.
4 THE WITNESS: I put my hands on her arms because
5 she was trying to throw something at me. She wasn't
6 flailing, but she was trying to throw something; otherwise,
7 I wouldn't have grabbed her.
8 Q. BY MS. WIENEKE: And if she hadn't tried to throw
9 something at you, you wouldn't have ever touched her?
10 MR. TREON: Form. Foundation.
11 THE WITNESS: Yes.
12 Q. BY MS. WIENEKE: Do you think that it's possible
` 13 that your grand1nother could have gotten injured because of
14 her struggling and flailing about of her arms?
15 MR. TREON: Form and foundation.
16 Q. BY MS. WIENEKE: Not necessarily any intent on
17 your part?
18 A. It's possible but not probable because she didn‘t
19 indicate any sort of injury after that.
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