Free Other Notice - District Court of Arizona - Arizona

EXHIBIT D

Case 2:03-cv-01892-ROS

Document 170-7

Filed 11/17/2006

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Kathleen L. Wieneke, Bar #011139 Jennifer L. Holsman, Bar #022787 JONES, SKELTON & HOCHULI, PLC. 290 I North Central Avenue, Suite 800 Phoenix, Arizona 85012 Telephone: (602) 263-1700 Fax: (602) 200-7858 [email protected] [email protected] Attorneys for Defendants The City of Phoenix, Griffin, Dunn, Lynde and Monson UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA NO. CV03-1892-PHX-ROS Plaintiff,

10 ~ Teresa August, et ai, 11

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v.

JOINT PROPOSED JUROR QUESTIONNAIRE

13 ~ The City of Phoenix, et ai, 14

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Defendant.

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16 II Counsel for Plaintiff and Defendants City of Phoenix, Griffm, Lynde, Dunn attached hereto as

17 II and Monson, submit the following proposed juror questionnaire, 18 19

I Exhibit

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1713028.1

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DATED this 17th day of November, 2006. JONES, SKELTON & HOCHULI, P.L.C.

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By

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s/Jennifer L. Holsman Kathleen L. Wieneke Jennifer L. Holsman 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants Tbe City of Phoenix, Griffin, Dunn, Lynde and Monson TREON & SHOOK By slDaniel B. Treon/per authorization Daniel B. Treon 2700 North Central Avenue, Suite 1000 Phoenix, Arizona 85004 Attorneys for Plaintiff

8 9 10 11 12 13 14 15 16 17 18 19 Electronically filed and served this 17th day of November, 2006, to: ALL PARTIES ON ELECTRONIC COPY e-mailed this same date to:

SERVICE LIST

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Tbe Hon Rosalyn O. Silver United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 624 401 West Washington Street, SPC 59 Phoenix, Arizona 85003

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BY

s/Gloria Gray

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1713028.1

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EXHIBIT 1
Case 2:03-cv-01892-ROS Document 170-7 Filed 11/17/2006 Page 4 of 11

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA JUDGE ROSL YN SILVER

CONFIDENTIAL JUROR QUESTIONNAIRE
STATEMENT OF THE CASE: Plaintiff Teresa August alleges that Defendant City of Phoenix police officers used excessive force in violation of 42 use 1983 when they arrested her at her house on June 10, 2002. Plaintiff Teresa August alleges that the force used by the officers was excessive and

caused the dislocation of her right elbow. She claims damages for the deprivation of her federal constitutional rights and stemming from the injury to her elbow.
Defendants deny liability and assert the use of force during her lawful arrest was reasonable under the circumstances. Defendants further assert that any injury sustained by

Plaintiff was the result of her unlawful resistance to a legal arrest. Defendants deny that Plaintiff is entitled to any damages.
(Plaintiff objects to Defendant's second sentence in second paragraph for reasons stated in Proposed Pre-trial Order]

1.

HAS ANYONE READ OR HEARD ANYTHING CASE?

ABOUT TIlE FACTS OF TIllS _

2.

GIVEN TIllS BRIEF RECITATION THESE CIRCUMSTANCES COULD NOT CONSIDER

OF FACTS, IS TIlERE ANYTIlING

ABOUT

THAT WOULD CAUSE YOU TO BELIEVE THAT YOU TIlE EVIDENCE FAIRLY, IMPARTIALLY, AND _

ACCORDING TO THE LAW?

3.

FULLNAME: (Last) (First)

_

4.

AGE:

_

5.

COMPLETE ADDRESS:

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6.

WHERE DO YOU WORK? (If retired, where did you work just before you retired?)

7.

WHAT KlND OF WORK DO YOU DO? (If retired, what was the last kind of work you did?)

8. 9.

WHATIS OR WAS YOUR JOB TITLE?

.. ----------

WHAT DO OR DID YOU LIKE MOST ABOUT YOUR JOB? WHAT DO OR DID YOU LIKE LEAST?

10.

PLEASE STATE ANY OTHER JOBS YOU HAVE HAD IN THE LAST FIVE YEARS:

II.

WHAT LEVEL OF SCHOOL DID YOU REACH? DESCRIBE ANY DEGREES YOU HAVE RECEIVED.

12.

ARE YOU MARRIED? (If yes, what kind of work does your spouse do? If he/she is

retired, what kind of work did he/she do prior to retirement?)

_

13.

IF YOU HAVE CHILDREN, PLEASE STATE TI.JEIRAGES. AND IF THEY WORK, WHAT IS TIlli OCCUPATION OF EACH?

-------------

14.

WHO ARE THE MEMBERS OF YOUR HOUSEHOLD? WHAT DO THEY DO [OCCUPATION]? _

15.

HAVE YOU EVER SERVED IN THE MILITARY? IF YES, WHICH BRANCH AND FOR HOW LONG? _

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16.

HAVE YOU EVER SERVED ON A JURY BEFORE? IF YES, PLEASE STATE THE TYPE OF CASE, WHETHER IT WAS IN STATE OR FEDERAL COURT, WHETHER A VERDICT WAS REACHED AND, WITHOUT STATING WHAT YOUR VERDICT WAS, WHAT WAS THE VERDICT OF THE JURY? IS THERE ANYTHING AT ALL IN YOUR PREVIOUS JURY SERVICE THAT WOULD INFLUENCE YOU IN _

DECIDING THE ISSUES IN THIS CASE?

17.

HAVE YOU EVER SERVED ON A GRAND JURY? WHEN? DID YOU ENJOY IT?

18.

HAVE YOU OR ANY MEMBER OF YOUR FAMILY OR ANY CLOSE FRIEND EVER BEEN A PLAINTIFF OR A DEFENDANT IN A STATE OR FEDERAL

COURT CASE? IF YES, WHAT KIND OF CASE? AND WHAT DID IT INVOLVE? IS THERE ANYTHING ABOUT THAT EXPERIENCE THAT WOULD PREVENT _

YOU FROM ACTING AS A FAIR AND IMPARTIAL JUROR IN THIS CASE?

19.

WHAT DO YOU DO IN YOUR SPARE TIME?

------------

20.

WHAT NEWSPAPERS AND MAGAZINES DO YOU READ REGULARLY?

_

21.

WHAT WAS THE LAST BOOK YOU READ?

_

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IF YOU WATCH TELEVISION. WHAT SHOWS DO YOU WATCH REGULARLY?

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IF YOU HAVE BUMPER STICKERS ON YOUR CAR, STATE THE CONTENT OF THEM.-----------------------~

24.

IF YOU BELONG TO CIVIC, SOCIAL, FRATERNAL, UNION, OR PROFESSIONAL ORGANIZATIONS, PLEASE STATE WHICH ONES. _

25.

NAME A FAMOUS PERSON AND/OR A PERSON WHO HAS MADE A SIGNIFICANT CONTRIBUTION TO YOUR LIFE, DEAD OR ALIVE, lHAT YOU MOST ADMIRE AND STATE WHY. _

26.

IF YOU COULD DO ANYTHING IN THE WORLD TODAY, OTHER THAN JURY DUTY, WHAT WOULD IT BE? _

I declare, under penalty of peIjury, that all answers are true and correct to the best of my knowledge.

Signature

Date

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DEFENDANTS' REQUESTED ADDITIONS TO CONFIDENTlAL JUROR QUESTIONNAIRE I. HAVE YOU, ANY MEMBER OF YOUR FAMIL Y, OR ANY CLOSE FRJEND OR ACQUAINTANCE EVER BEEN EMPLOYED BY THE CITY OF PHOENIX, CITY OF PHOENIX POLICE DEPARTMENT OR ANY GOVERNMENTAL ENTITY? IF

SO, PLEASE STATE THE NAME OF THE PERSON, DATES OF EMPLOYMENT, PLACE OF EMPLOYMENT AND THE JOBS WORKED.

2.

HAVE YOU, ANY MEMBER OF YOUR FAMIL Y, OR CLOSE FRIENDS EVER BEEN SUBJECTED TO UNFAIR TREATMENT BY ANY MEMBER OF LAW ENFORCEMENT UNDER ANY CIRCUMSTANCES VIOLATIONS)? (INCLUDING TRAFFIC

3.

HAVE YOU, ANY OF YOUR IMMEDIATE FAMILY OR CLOSE FRIENDS EVER FILED A COMPLAINT AGAINST A LAW ENFORCEMENT AGENCY, INCLUDING BUT NOT LlMlTED TO A GOVERNMENTAL ENTITY, A POLICE

DEPARTMENT, SHERIFF'S OFFICE, TOWN CONSTABLE, FEDERAL BUREAU OF INVESTIGATIONS, DRUG ENFORCEMENT AGENCY, BORDER PATROL OR THE DEPARTMENT OF HOMELAND SECURITY? IF "YES," PLEASE DESCRIBE.

4.

HAVE YOU, ANY MEMBER OF YOUR FAMILY, OR CLOSE FRIENDS EVER FILED A CIVIL CLAIM AGAINST ANY GOVERNMENTAL ENFORCEMENT AGENCY? ENTITY OR LAW

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(A) (B)

WHO FILED mE

CLAIM?

_ BODY OR LAW ENFORCEMENT CLAIM FILED AGArNST?

WHAT GOVERNMENTAL AGENCY WAS mE

(C) (D)

WHEN WAS mE

CLAIM FILED? CLAIM WAS ABOUT.

_

BRIEFLY DESCRIBE WHAT mE

5.

HAVE YOU, OR ANYONE CLOSE TO YOU EVER HAD A SERIOUS PERSONAL INJURY? IF "YES," WHAT WAS THE PERSON'S RELATIONSHIP TO YOU? WAS ALA WSUIT FILED AS A RESULT OF THE rNJURY? IF SO, PLEASE EXPLArN.

PLAINTIFF'S REOUESTED ADDITIONS TO CONFIDENTIAL JUROR QUESTIONNAIRE
1. THIS CASE rNVOLVES ALLEGATIONS OF EXCESSIVE USE OF FORCE AGArNST CITY OF PHOENIX POLICE OFFICERS. HAVE YOU HAD ANY PARTICULARLY GOOD OR BAD EXPERIENCES WITH POLICE OFFICERS WHICH YOU BELIEVE MAY AFFECT WHETHER YOU CAN BE A FAIR AND IMPARTIAL JUROR? IF SO, PLEASE DESCRIBE mE EXPERIENCE.

2.

WHAT IS YOUR IMMEDIATE REACTION TO HEARING ABOUT A LAWSUIT WHICH ALLEGES THAT THE POLICE USED EXCESSIVE FORCE IN ARRESTrNG A CITIZEN? PLEASE EXPLArN.

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3.

DO YOU HAVE ANY TIlOUGHTS OR FEELINGS ABOUT ALA WSUIT AGAINST INDIVIDUAL POLICE OFFICERS WHO ARE SUED PERSONALLY FOR CONDUCT COMMITTED WHILE ACTING AS POLICE OFFICERS UNDER COLOR OF LAW?

4.

DO ANY OF YOU HAVE ANY FEELINGS OR BELIEFS ABOUT TIlE USE OF FOUL LANGUAGE WHICH YOU TIlINK MIGHT AFFECT WHETHER YOU

COULD BE A FAIR AND IMPARTIAL JUROR? DO ANY OF YOU THINK TIlAT IF A PERSON USES FOUL LANGUAGE DURING THEIR INTERACTION WITH POLICE FORFEITS ANY OF THEIR CONSTITUTIONAL TIlE RIGHT TO BE FREE FROM UNREASONABLE UNREASONABLY FORCEFUL ARREST? RIGHTS, INCLUDING

SEIZURE AND

Defendants object to this question as it unfairly introduces evidence and suggests that Plaintiffs constitutional rights were violated by the Defendants solely because she used foul language. 5. DO YOU BELIEVE TIlAT EVEN IF AN OFFICERS OR OFFICERS USE EXCESSIVE FORCE, TIlEY SHOULD NOT BE HELD PERSONALLY LIABLE FOR ANY INJURIES AND/OR DAMAGES TIlA l' THE EXCESSIVE FORCE CAUSED BECAUSE THEY ARE ACTING IN TIlE LINE OF DUTY?

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