Free Other Notice - District Court of Arizona - Arizona

A.

Will Be Called At Trial.

1.

Officer Toby Dunn, #5041
Phoenix Police Department

2.

Robert Griffin, #7161 Phoenix Police Department Officer NicholasLynde, #7518 Phoenix Police Department Officer Lyle Monson, #6972 Phoenix Police Department

3.

4.

Witnesses 1 through 4 listed above were present at the home of Plaintiff Teresa August on June 10,2002, and they are expected to testify regarding their observations of what occurred and their involvement in tbe arrest of Teresa August. They will also testify regarding their background, training and experience.

5.

Plaintiff Teresa August

Plaintiff Teresa August is expected to testify regarding her claims and damages relating to the subject incident on June 10, 2002. Plaintiff is expected to testify consistent with her deposition testimony in this matter. Defendants intend to use Plaintiffs

videotaped deposition during the trial.

6.

Samuel (Sam) Hickey

Sam Hickey is expected to testify regarding his knowledge and involvement in the incident that occurred with his grandmother Teresa August on June 10, 2002, which is the subject of this lawsuit. Mr. Hickey is expected to testify consistent with his recorded

interview by Phoenix Police and his deposition testimony in this matter

7. 8.

Captain Cbarles (Chuck) Lee Phoenix Fire Department Daniel Cheatum Phoenix Fire Department
Witnesses 7 and 8 were employed with the Phoenix Fire Department at the

time of the subject incident and responded to the call for medical assistance from Phoenix Police. The witnesses are expected to testify regarding their observations of the Plaintiff and the treatment Fire personnel provided her at the scene. Captain Lee and Daniel
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Cheatum will be called at trial. 9. Kathy Cramer Custodian of Records Phoenix Fire Department

Kathy Cramer is expected to lay foundation and verify the Fire Department EMS Incident Report IAUGUST0114 -117] for treatment provided to Plaintiff on June 10, 2002, which is an exhibit listed by Defendants herein. Ms. Cramer may be called at trial for foundational purposes only. 10. Dan McNemee Phoenix Police Department c/o Jones, Skelton & Hochnli, P.L.C. 290 IN. Central Avenue. Suite 800 Phoenix, AZ 85012

Mr. McNemee is employed as Administrative Supervisor with the Phoenix Police Department Communications Bureau. It is anticipated that he will provide information

about the Phoenix Police Department Status Codes and will lay foundation for the CAD printouts for the incident on June 10,2002. He will also address records and tape retention and recordings .. II. Chris Cullen (Whitted) Formerly with Phoenix Police Department c/o Jones, Skelton & Hochuli, P.L.C. 2901 N. Central Avenue, Suite 800 Phoenix, AZ 85012

Ms. Cullen (Whitted) was employed as a call taker for the Phoenix Police Department Communications Bureau on 6/10/02, and she was the call taker (serial # A1494) who spoke to Plaintiff when she dialed 9-1-1. Ms. Cullen is expected to lay foundation for the CAD printout, as well as the audio tape recording and the transcript of the Plaintiffs 9-1-1 call [Bates AUGUSTOI445-1456j 12. Custodian of Records Cigo. Billing Dept. on the date of the subject incident.

The Custodian of Records for Cigna Billing Department will lay foundation for the Equivalent Value Statement pertaining to Plaintiff that was received in response to subpoena.
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13.

Custodian of Records Phoenix Union High School District

The Custodian of Records for Phoenix Union High School District is expected to testify regarding the employment records of Plaintiff received by Defendants in response to subpoena.
14. 15. Other Custodian of Records as Needed Officer Jerry Peterson, #5907 Pboenix Police Department

Officer Peterson was the Student Resources Officer at Madison Meadows School in 2004, which is located in Phoenix near the residence of Plaintiff Teresa August Officer Peterson will testify that he has had several conversations with Teresa August about the subject matter of the current lawsuit, her complaints about the police, and has observed her act in a loud, aggressive manner. It is anticipated that Officer Peterson will testify consistent with the police report he prepared on May 4, 2004 regarding Teresa August's actions that day, as well as, prior conversations he has had with her at Madison Meadows School. B.
16. MAYBE CALLED AT TRIAL

Gary SkIn! Phoenix Fire Department Raphael King Phoenix Fire Department

17.

Witnesses 16 through 17 above were employed with the Phoenix Fire Department at the time of the subject incident and responded to the call for medical assistance from Phoenix Police. They are expected to testify regarding their observations of the Plaintiff and the treatment they provided her at the scene.
18. Officer Gregory Myracle, #6904

Phoenix Police Department Officer Myracle is expected to testify that he spoke to Teresa August on the telephone when she called in to complain about a parking problem in front of her residence. He will testify that, during the course of their conversation, Mrs. August used
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profanity frequently and made some very derogatory comments about Phoenix Police Officer Jerry Peterson. Officer Myracle may be called at trial. 19. Diane Lynn c/o Madison Meadows Middle School 225 W. Ocotillo Road Phoenix, AZ 85013 (602) 664-7600 work

Ms. Lynn is expected to testify that she is/was employed as a secretary at Madison Meadows Middle School and that she was present on May 26, 2004, when Plaintiff Teresa August came into the office and began yelling at her in a loud voice regarding a complaint that people were parking in front of her residence and that she also made derogatory remarks about Phoenix Police Officer Jerry Peterson. Ms. Lynn will testify that Plaintiff

Teresa August would visit the offices of Madison Meadows Middle School approximately once a month for a number of years complaining loudly about parking problems in front of her home. Ms. Lynn may be called at trial as an impeachment witness only. 20. Suzanne Mahon c/o Madison Meadows Middle School 225 W. Ocotillo Road Phoenix, AZ 85013 (602) 664-7610 work

Ms. Mahon is/was employed as principal at Madison Meadows Middle School and is expected to testify that she was present when Plaintiff Teresa August came into the school administrative offices on May 26, 2004, complaining loudly about persons parking in front of her residence. She will testify that Mrs. August was loud and used profanity

often while yelling at her and Officer Peterson. Ms. Mahon may be called at trial as an impeachment witness only. 21. Kevin Sotomayor c/o Madison Meadows Middle School 225 W. Ocotillo Road Phoenix, AZ 85013 (602) 664-7600 work

Mr. Sotomayor was/is the assistant principal of Madison Meadows Middle School and he is expected to testify that he was in his office when Plaintiff Teresa August came into the school administrative offices on May 26, 2004, complaining loudly about persons
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parking in front of her residence. He will testify that Mrs. August was very loud and used profanity often while yelling at school personnel and that he could hear her in his office. Mr. Sotomayor may be called at trial as an impeachment witness only.

C. 22.

BY DEPOSITION Richard Sengson,M.D.
Maricopa Medical Center 2601 E. Roosevelt Phoenix, AZ 85008

Dr. Seligson is a treating physician of the Plaintiff. Defendants' attorney took his deposition on September 9, 2004. Dr. Seligson will testify regarding his treatment of Teresa August at Arizona Heart Hospital on 6110/02. Dr. Seligson is expected to testify consistent with his deposition testimony in this matter. Defendants intend to use Dr. Seligson's deposition testimony in lieu of live testimony at trial as designated by page and line number in Section "R," supra.

D.
23.

IMPEACHMENT
Daniel Treon 2700 North Central Avenue, Suite 1000 Phoenix, AZ 85004 Mr. Treon represents the Plaintiff in this matter and informed the City of

Phoenix Police Department that Teresa August would not participate or cooperate in a Professional Standards Bureau investigation of this matter. It is anticipated that Mr.

Treon will testify consistent with several taped conversations between Lieutenant Tornory and Mr. Treon, his deposition testimony, and correspondence Daniel Treon may be called as a witness in this trial. to Lieutenant Tornory.

24.

Mark August

Mark August is expected to testify regarding his knowledge of the facts and circumstances surrounding the incident on June 10, 2002. He is also expected to testify regarding his knowledge of the mental health and prior injuries of Teresa August.

25.

Lt. Joe Tomory, #4883
Phoenix Police Department

1..1. omory was a sergeant with Phoenix Police on June 10,2002, and he is T
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expected to testify that he was assigned by the Professional Standards Bureau (PSB) to investigate the arrest of Teresa August on 6110102. Lt. Tomory is expected to testify regarding the reasonable attempts he made to conduct an investigation of this matter and that he was unable to complete his investigation due to Teresa August's and Dan Treon's failure to cooperate with the investigation. Lieutenant Tomory may be called at trial. L. EXPERTS EXPERT(S):

PLAINTIFF'S

Defendants reserve all objections to Plaintiffs exhibits because Plaintiff did not provide copies of her exhibits to Defendants.

1.

Beth Purdy, M.D.
2610 North 3rd Street Phoenix, AZ 85004

Dr. Purdy will testify regarding her the nature, severity and cause of Teresa August's dislocated elbow injury and Dr. Purdy's treatment thereof. She also will testify consistent with her rebuttal opinion regarding the cause of and severity of Teresa August's elbow dislocation. She also will opine that Defendants' expert biomechanical engineer,

Michael Carhart, is simply wrong in his conclusions regarding the forces applied to Teresa August's elbow, particularly that she could Dot have caused her own elbow

dislocation and that her interaction with Sam Hickey had nothing to do with the injury. Dr. Purdy will testifY at trial. DEFENDANTS' EXPERTS: A. 1. WILL BE CALLED AT TRIAL Jeffery G. Hynes, Commander Phoenix Polite Department c/o Jones, Skelton & Hochuli

Commander Hynes will testify that he has been employed with the Phoenix Police Department for 26 years. Commander Hynes is a recognized expert in relation to use of force. He has been a member on the Use of Force Board numerous times and has

reviewed hundreds of reports involving use of force. Commander Hynes will testify that the ann-bar handcuffmg/restraining
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technique is a standard technique used by all officers

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in the Phoenix Police Department. This technique is used to alleviate the likelihood of injury, however, the suspect's actions and resistance can determine if an injury may occur as in this subject case.
2. Michael Carhart, Ph.D.

Exponent
23445 N. 19th Avenue Phoenix, AZ 85027

Dr. Carhart is an expert in the area of biomechanical engineering and injury mechanics. He will testify regarding how and when Mrs. August may have sustained
injury to her right elbow during the incident on 6/1 0/02.

C. 3.

MAYBE

CALLED AT TRIAL

Stephen Brown, M.D.
1616 E. Maryland Avenue Phoenix, AZ 85016

Dr. Brown is an orthopedic surgeon and has been certified with the American Board of Orthopedic Surgeons since September 9, 1980. Dr. Brown has reviewed the medical records of Teresa August as well as the Plaintiffs responses to discovery and the parties' disclosure statements. He will testify regarding Plaintiffs injury to her elbow and will state that she has had an excellent outcome and return of function.
M. EXHIBITS

PLAINTIFF: Defendants resenre all objections to Plaintiffs exhibits because Plaintiff did Dot provide copies of her exhibits to Defendants in preparation of this Order.

1.

Teresa August's Arizona Heart Hospital Medical Records [00001000013] Defendants object to [000002] as lacking fonndation.

2.

Teresa August's Maricopa Medical Center Medical Records
[000014 - 000038J

3.

Teresa August's CIGNA Healthcare - Surgicenter Medical
Records [000039 - 000051]

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Defendants object to [000039-000048] as unrelated to Plaintiffs elbow injury, lacking foundation, as irrelevant and as containing hearsay. Defendants further object to [000051] as hearsay. 4. Teresa August's Charles M. Creasman, M.D. Medical Records [000052 - 000060] Teresa August's Bcth A. Purdy, M.D. Medical Records [000061000070) Teresa August's Canyon Surgery Center Medical Records [000071 - 000077J Teresa August's David England, D.O. Medical Records [000078000082] Teresa August's Desert Hand Therapy Medical Records [000083000115] Urgent Carc Record (Cigna) [AUGUST 1263] Defendants object to Exhibit 9 as duplicative of Exhibit 3 and as unrelated to Plaintiffs elbow injury, lacking foundation, irrelevance and containing hearsay. 10. Teresa August's Arizona Heart Hospital Billing Statement [000116] Defendants object to Exhibit 10 as lacking foundation and as containing hearsay. 11. Teresa August's Maricopa Medical Center Billing Statement [000117 - 000119] Defendants object to Exhibit 11 as lacking foundation and as containing hearsay. 12. Teresa August's Med Pro-ER PhysicianslRadiology Billing Statement [000120 - 000121] Defendants object to Exhibit 12 as lacking foundation and as containing hearsay.

5.

6.

7.

8. 9.

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13.

Teresa August's Charles M. Creasman, M.D. Billing Statement [000122 - 00124] Defendants object to Exhibit 13 as lacking foundation containing hearsay. and as

14.

Teresa August's Beth A. Purdy, M.D. Billing Statement [00012500130] Defendants object to Exhibit 14 as lacking foundation containing hearsay. and as

15.

Teresa August's Canyon Surgery Center Billing Statement (000131 - 000133] Defendants object to Exhibit 15 as lacking foundation containing hearsay. and as

16.

Teresa August's David England, D.O. Billing Statement [000134] Defendants object to Exhibit 16 as lacking foundation containing hearsay. and as

17.

Teresa August's Healthsouth Billing Statements [000135 - 000136] Defendants object to Exhibit 17 as lacking foundation containing hearsay. and as

18.

Teresa August's Pointe CIGNA Phannacy Billing Statement [000137 - 000139] Defendants object to Exhibit 18 as lacking foundation, and as containing hearsay. irrelevance

19.

Teresa August's Desert Hand Therapy Billing Statement (000140000148] Defendants object to Exhibit 19 as lacking foundation containing hearsay. and as

20.

Teresa August's Valleywide Surgical Services Billing Statement [000149] Defendants object to Exhibit 20 as lacking foundation containing hearsay. and as

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21.

Teresa August's St. Lukes Medical Center Billing Statement [000150 - 000154] Defendants object to Exhibit 21 as lacking foundation containing hearsay. and as

22.

Teresa August's Steven S. Crohn, M.D. Billing Statement [000155) Defendants object to Exhibit 22 as irrelevant hearsay. and containing

23.

Teresa August's Target Receipt (000156] Defendants object to Exhibit 23 as lacking foundation containing hearsay. and as

24.

Teresa August's CIGNA Pharmacy Billing Statement [000157000159] Defendants object to Exhibit 24 as lacking foundation Plaintiffs prescription for Zoloft. regarding

25.

Teresa August's CIGNA Medical Group Equivalent Value Statement (EVS) [000259 - 00267] Defendants object to Exhibit 25 as lacking foundation, and containing hearsay. irrelevance

26.

Medical Bill Summary Defendants object to Exhibit 26 as not disclosed, lacking foundation and as containing hearsay.

27.

Teresa August 08/26/2004 Deposition Transcript and attached exhibits Defendants object to Exhibit 27 as Plaintiffs designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

28.

Mark August 08/19/2004 Deposition Transcript and attached exhibits Defendants object to Exhibit 28 as Plainti.frs designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

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29.

Dakota August 06/24/2004 Deposition Transcript and attached exhibits Defendants object to Exhibit 29 as Plaintiff's designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

30.

Pam Hickey 06/29/2004 Deposition Transcript and attached exhibits Defendants object to Exhibit 30 as Plaintiffs designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

31.

Beth Pnrdy, M.D. 02/10/2005 Deposition Transcript and attached exhibits Defendants object to Exhibit 31 as Plaintiff's designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

32.

Richard Seligson, M.D. 09/09/2004 Deposition Transcript and attached exhibits Defendants object to Exhibit 32 as Plaintiffs designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

33.

Joseph Tomary 01118/2005 Deposition Transcript and attached exhibits Defendants object to Exhibit 33 as Plaintiffs designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

34.

Toby Dunn 12/08/2004 Deposition Transcript and attached exhibits Defendants object to Exhibit 34 as Plaintiffs designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

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35.

R.W. Griffm 08/18/2004 Deposition Transcript and attached exhibits
Defendants objed to Exhibit 35 as Plaintiffs designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objedions on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

36.

Sam Hickey 12/09/2004 Deposition Transcript and attached exhibits
Defendants object to Exhibit 36 as Plaintiffs designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

37.

Jeffeory Hynes 02/11/2005 Deposition Transcript and attached exhibits
Defendants object to Exhibit 37 as Plaintiffs designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objedions on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

38.

Jeffeory Hynes 02/28/2005 Deposition Transcript and attached exhibits
Defendants object to Exhibit 38 as Plaintiffs designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

39.

Nicholas Lynde 08/18/2004 Deposition Transcript and attached exhibits
Defendants object to Exhibit 39 as Plaintiffs designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

40.

Lyle Monson 01105/2005Deposition Transcript and attached exhibits
Defendants objed to Exhibit 40 as Plaintiff's designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

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41.

June 2003 Preliminary Hearing Transcript and attached exhibits Defendants object to Exhibit 41 as Plaintiffs designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on tbe basis of relevance, hearsay, prejudice, foundation, cumulative and form.

42.

Transcript of tape recorded interview of Teresa August by Officer Lyle Monson [AUGUST 0057 - 0069] Defendants object to Exhibit 42 as irrelevant. This transcript is not the revised version and is thus inaccurate.

43. 44.

Transcript of tape recorded interview of Sam Hickey [AUGUST 14451456] Transcript of tape recorded interview of Dakota August [AUGUST 00550058] PUHS Document, Outstanding Educator Award, 1984, signed by Bruce Babbin [AUGUST 0912] Defendants object to Exhibit 45 as irrelevant, lacking foundation, containing hearsay, as unrelated to Plaintiffs claims and remote as the document is 22 years old.

45.

46.

PUHS letter of care for Asian students [AUGUST 09156] Defendants object to Exhibit 46 as irrelevant, lacking foundation and containing hearsay, as unrelated to Plaintiffs claims and remote as the document is 21 years old.

47.

PilllS performance review [AUGUST 1060-62] Defendants object to Exhibit 47 as irrelevant, lacking foundation and containing hearsay, as unrelated to Plaintiff's claims and remote as the document is 35 years old.

48.

PUHS application for supervisory position [AUGUST 1096-99] Defendants object to Exhibit 48 as irrelevant, lacking foundation and containing hearsay, as unrelated to Plaintiffs claims and as remote.

49.

Michael Black, Esq. records [August-Black 00001-00145] Defendants object to Exhibit 49 as lacking foundation, as irrelevant, as containing hearsay and as prejudicial.

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50.

Letter ITomPam Hickey [August-Black 00133 - 00116]
Defendants object to Exhibit 50 as irrelevant and as containing hearsay.

51.

Letter dated August -'

2004 from Dan Treon to Sgt. Tomary

[AUGUST 0258]
Defendants object to Exhibit 51 as lacking foundation and as irrelevant. In addition, Defendants have filed a Motion in Limine regarding the PSB investigation.

52.
53.

Use of Force Policy [AUGUST 0152-0170]
Wage Loss Documentation Defendants object to Exhibit 53 as the documentation was not produced. Accordingly, Defendants reserve the right to make further objections.

54.

CAD Documents ITomCity of Phoenix (AUGUST 0188-0192]
Defendants object to Exhibit 54 as the Affidavit of the Custodian of Records is missing.

55.

Sgt. Wycoffs report [AUGUST 0083]
Defendants object to Exhibit 55 as the report is incomplete and missing page 2 [August 0084). Accordingly, Defendants object to the partial report as listed in Exhibit 55.

56. 57.

Phoenix Fire Department EMT Report [AUGUST 0114] Mark August mobile phone records [AUGUST 1432-1444]
Defendants object to Exhibit 57 as lacking foundation, irrelevance and containing hearsay.

58.

PUHS Employment Records (AUGUST 669-0738]
Defendants object to Exhibit 51 as lacking foundation, irrelevance, containing hearsay and as remote.

59. 60.

Drawing number 1 of August house [AUGUST 2031] Drawing number 2 of August house [AUGUST 2030]

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61.

Photographs of interior of August house taken by police officers on June 10, 2002 [AUGUST 0012 - 0016] Photographs of Sam Hickey taken by Phoenix Police Officers on June 10, 2002 [AUGUST 0005 - 0011] Photographs taken of Dakota August by Phoenix Police Officers on June 10, 2002 [AUGUST 0002 - 0003] Photographs of Teresa August taken by Phoenix Police Officers on June 10, 2002 [AUGUST 0018 - 0026] Defendants objeet to [August 000021-000022] as eumulative and irrelevant.

62.

63.

64.

65.

Photographs taken of interior of August home by Defendants' Investigator [AUGUST 1715 -1742) Stephen G. Brown, M.D. 's Expert Report dated July 28, 2004 (signed version - 4 pages) [AUGUST1709 - 1712] Defendants object to Exhibit 66 as containing hearsay.

66.

67.

Stephen G. Brown, M.D. Expert Report dated July 28, 2004 (lU1signedversion - 5 pages) Defendants object to Exhibit 67 as containing hearsay.

68.

Stephen G. Brown, M.D. List of Depositions, Arb. Hearings & Trials (5 pages) [AUGUST1709 -1712] Defendants irrelevant. object to Exhibit 68 as containing hearsay and

69.

Stephen G. Brown, M.D. Fee Schedule (1 page) Defendants irrelevant. object to Exhibit 69 as containing hearsay and

70.

Stephen G. Brown, M.D. Curriculum Vitae (3 pages) Jeffeory G. Hynes Expert Report dated July 29, 2004 (34 pages) Jeffeory G. Hynes Curriculum Vitae (13 pages) Michael Carhart, Ph.D. expert report dated August 2, 2004 (9 pages) [AUGUST1695-1703]

71.
72. 73.

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74. 75.

Michael Carhart, Ph.D. Curriculum Vitae (3 pages) Michael Carhart, Ph.D. List of Deposition, Arbitration, and Trial Testimony (2 pages) Defendants object to Exhibit 75 as containing hearsay and irrelevant.

76.

Plaintiff's Second Supplement Disclosure Statement (Expert Witness Rebuttal) re: Beth A. Purdy, M.D. dated September 2, 2004 Defendants object to Exhibit 76 as containing hearsay, as irrelevant and lacking foundation.

77.

Beth A. Purdy, M.D. Expert Opinion Report dated September 2, 2004 (I page) Defendants object to Exhibit 77 as containing hearsay, as irrelevant and lacking foundation.

78.

Beth A. Purdy, M.D. Curriculum Vitae (3 pages) Defendants object to Exhibit 78 as containing hearsay.

79.

Beth A. Purdy, M.D. Special Report FeeslLegal Fees (1 page) Defendants object to Exhibit 68 as irrelevant.

80.

Teresa August Income Tax Returns for years 2000, 2001, 2002, and 2003 received from the IRS [AUGUST2226, 2233, 2236, 2243, 2245,2252 (redacted), 2271, 2274] (excludes pension iueome) Status codes prepared by Dan McNamee of Phoenix Police Department Communications Bureau [AUGUST 2495-97] Demonstration of elongation and injury mechanism to the lateral collateral ligament complex [AUGUST 2499] Demonstration of mechanism of lateral epicondyle with demonstration of Plaintiff Teresa August bending and twisting in an effort to resist. [AUGUST25001 Demonstration of mechanism of lateral epicondyle with a demonstration of Plaintiff Teresa August bending over in an attempt to resist [AUGUST2501]

81.

82.

83.

84.

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85.

Anatomy of the lateral elbow (top diagram) and a lateral view of the elbow demonstrating avulsion of common extensor origin
(lower diagram) [AUGUST 2502]

86.

Diagram of the "Right Forearm: Anterior View" showing pronator
and supinator muscle pathways [AUGUST 2503]

87.

Diagram of the "Right Forearm: Posterior (Dorsal) Views" shov.ring anatomy of forearm and extensor muscle pathways
[AUGUST2504]

88.

Diagram of lateral view of elbow demonstrating bony avulsion of the lateral collateral ligament origin on the lateral epicondyle
[AUGUST 2505]

89. 90.

List of Reference Materials reviewed and/or relied upon by Michael
Carhart, Ph.D. [AUGUST2596]

Arizona P.O.S.T. Board Model Lesson Plan for "Control
Techniques" [AUGUST 2516 - 2525]

91. 92.

Arizona P.O.S.T. Board Model Lesson Plan for "HandcuffIng"
[AUGUST2506 - 2515)

Defendants' Response to Plaintiffs First Request for Production of Documents
Defendants object to Exhibit 92 as containing hearsay, as irrelevant and lacking foundation~

93.

Defendants' Response to Plaintiff s First Request for Admissions
Defendants object to Exhibit 93 as containing hearsay, as irrelevant and lacking foundation.

94.

Defendants' Response to Plaintiffs First Set of Non-Uniform Interrogatories and Second Request for Production
Defendants object to Exhibit 94 as containing hearsay, as irrelevant and lacking foundation.

95.

Defendants' First Supplemental Response to Plaintiffs First Request for Production
Defendants object to Exhibit 95 as containiug hearsay, as irrelevant and lacking foundation.

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96.

Defendants' Infonnal Supplemental Response to Plaintiff's First Request for Production No.3
Defendants object to Exhibit 96 as containing hearsay, as irrelevant and lacking foundation.

97.

Defendants' Second Supplemental Response to Plaintiff's 1st Request for Production
Defendants object to Exhibit 97 as containing hearsay, as irrelevant and lacking foundation.

98.

Defendants' Third Supplemental Response to Plaintiff's First Request for Production
Defendants object to Exhibit 98 as containing hearsay, as irrelevant and lacking foundation.

99.

Defendants' Supplemental Response to Plaintiff's First NonUnifonn Interrogatories and Second Request for Production
Defendants object to Exhibit 99 as containing hearsay, as irrelevant and lacking foundation.

100.

Defendants' Response to Plaintiff's Second Request for Admissions and Non-Uniform Interrogatories
Defendants object to Exhibit 100 as containing hearsay, as irrelevant and lacking foundation.

101.

Defendants' Response to Plaintiffs Second Request for Production
Defendants object to Exhibit 101 as containing hearsay, as irrelevant and lacking foundation.

102.

Defendants' Response to Plaintiff's Second Non-Unifonn Interrogatories
Defendants object to Exhibit 102 as containing hearsay, as irrelevant and lacking foundation.

103.

Defendants' Response to Plaintiffs Third Request for Admissions
Defendants object to Exhibit 103 as containing hearsay, as irrelevant and lacking foundation.

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104.

Defendants' Response to Plaintiff's Third Set of Non-Uniform Interrogatories

Defendants object to Exhibit 104 as containing hearsay, as irrelevant and lacking foundation.
105. Dr. Brown's December 1, 2004 report (AUGUST 2491-2494).

Defendants object to Exhibit 105 as containing hearsay.
106. Notice of Claim letter dated November 22, 2002.

Defendants object to Exhibit 106 as containing hearsay, lackiug foundation, Rule 408, and irrelevance.
107. Letter from Daniel Treon to Phoenix Police Department dated September 12,2002 seeking copies of tapes made of radio broadcasts.

Defendants object to Exhibit 107 as containing hearsay, lacking foundation and irrelevance.
108. Letter from Daniel Treon to Sgt. Tomory, October 14,2002.

Defendants object to Exhibit 108 as lacking foundation and irrelevant. In addition, Defendants have filed a Motion in Limine regarding the PSB investigation.
109. Memo from Communications Bureau Commander Blake McClellan to Judie Welch of Records and Identification Bureau re unavailability of tape records due to destruction dated September 24, 2002

Defendants object to Exhibit 109 based on fouudation, irrelevance, hearsay, failure to disclose under Rule 26, and failure to produce in Response to Defendants' Request for Production of Documents.
110. Transcripts of surreptitious tape recordings made by Sgt. Tomory of telephone calls made with Teresa August on July 31, 2002 and with Dan Treon on October 17, 2002 [AUGUST 1743-52].

Defendants object to Exhibit 110 as lacking foundation and irrelevant. In addition, Defendants have filed a Motion in Limine regarding the PSB investigation.
111. Documents related to PSB investigation produced in Defendants' Supplemental Responses to Plaintiff's First Request for Production, #5 [AUGUST 1620-27].

Defendants object to Exhibit 111 as lacking foundation and irrelevant.
1685005,]

Case 2:03-cv-01892-ROS

- 39Document 170-3

Filed 11/17/2006

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