Good, Thomas v. Adams, Nathan et al, No. 3:2018cv00461 - Document 60 (W.D. Wis. 2019)
Court Description: OPINION and ORDER Granting 45 Motion in Limine by defendants ; Granting 49 Motion in Limine by Plaintiff ; Granting 50 Motion in Limine by Plaintiff ; Denying 51 Motion in Limine by plaintiff ; Granting in part and Denying in part 52 Motion in Limine by plaintiff ; Granting in part and Denying in part 53 Motion in Limine by plaintiff. Signed by District Judge James D. Peterson on 8/23/2019. (Attachments: # 1 Voir Dire, # 2 Introductory Jury Instructions, # 3 Post Trial Instructions, # 4 Verdict) (voc)
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Good, Thomas v. Adams, Nathan et al Doc. 60 Att. 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN THOMAS J. GOOD, VOIR DIRE [8/23/19 DRAFT] Plaintiff, v. 18-cv-461-jdp NATHAN ADAMS, GREG CISNEROS, and CITY OF BELOIT, Defendants. Introduction This is a civil case. Plaintiff Thomas Good is suing defendants Nathan Adams, Greg Cisneros, and the City of Beloit. In December 2014, Adams and Cisneros, who were police officers with the Beloit Police Department, arrested Good for operating while intoxicated and later forced Good to submit to a blood draw. Good claims that Adams and Cisneros violated his Fourth Amendment rights by not obtaining a warrant or his consent before forcing him to submit to the blood draw. He also claims that the City of Beloit’s policies caused the Fourth Amendment violation. Adams and Cisneros contend that the blood draw was lawful, and they deny that they violated Good’s rights in any way. The City of Beloit denies that it has any unconstitutional policy that caused a violation of Good’s rights. 1. Have any of you ever heard of this case before today? Follow up at sidebar. 2. The trial of this case will begin today and will likely last three days, until Wednesday. Are any of you unable to serve as a juror during this time? Knowledge of parties and others 3. Ask counsel to stand and tell the jury where they practice and with whom. Ask panel whether anyone knows counsel or their associates or partners. 4. Ask counsel to introduce the parties. Ask panel whether anyone knows any of the parties. 5. The witnesses in the case may include the following individuals. Do any of you know any of the witnesses? 1 Dockets.Justia.com Bertha Leticia Carrasco Dan Molland Norm Jacobs Thomas P. Neuser 6. Do any of you know the judge or court personnel? 7. Do any of you know any of the other people on the jury panel? 2 Questions to each prospective juror (listed on a sheet provided to jurors): Please stand up and tell us about yourself: 8. Name, age, and city or town of residence. 9. If you live in Madison, how long have you lived here? 10. Marital status and number of children, if any. 11. Current occupation (former if retired or currently unemployed). 12. Have you ever owned or managed a company? 13. Current (or former) occupation of your spouse or domestic partner. 14. If you have adult children, what do they do? 15. Any military service, including branch, rank and approximate date of discharge. 16. How far you went in school and major areas of study, if any. 17. Memberships in any groups or organizations. 18. Hobbies and leisure-time activities. 19. Media consumption. What are your favorite types of reading materials, what sources do you use for news, what types of television or radio shows do you watch or listen to, what types of websites do you visit? 20. Have you ever written a letter to the editor in a newspaper or magazine? 21. Do you have any bumper stickers on your car? If so, what do they say or depict? 3 Case-specific questions to the panel Jurors may request that sensitive topics be addressed at side-bar Litigation experience and opinions 22. Have you, a relative, or a close friend been a party to a lawsuit? 23. Have you, a relative, or a close friend ever been a witness in a lawsuit? 24. Have you, a relative, or a close friend served on a jury? Follow up: nature of the case; find for plaintiff or defendant; were you the foreperson? 25. Do you have strong opinions, whether positive or negative, about people who go to court to obtain relief for wrongs they believe they have suffered? 26. Have you or anyone close to you practiced as an attorney? 27. Do you have strong opinions, whether positive or negative, about attorneys who represent plaintiffs, or similarly, attorneys who represent defendants in civil lawsuits? Specialized knowledge or experience 28. Have you or anyone close to you ever been arrested for operating while intoxicated or driving under the influence of drugs or alcohol? 29. Have you or anyone close to you ever been involved in an accident caused by someone who was driving while intoxicated? 30. The plaintiff in this case was arrested for driving his vehicle while intoxicated. Do any of you have such strong feelings about intoxicated driving or the enforcement of intoxicated driving laws that you could not be an impartial juror in this case? 31. Have you or anyone close to you ever been accused of a crime? 32. Have you or anyone close to you been the victim of a crime? 33. Have you ever witnessed another person being arrested by a police officer? 34. Have you or anyone close to you ever been employed in law enforcement, including as a police officer, corrections officer, probation officer, or prosecutor? 4 35. Have you or anyone close to you ever had a particularly positive or negative experience dealing with a law enforcement officer? 36. Would you be inclined to believe or disbelieve the testimony of a police officer solely because the person is a police officer? 37. Do any of you have such strong feelings, whether positive or negative, about law enforcement officers that it would be difficult for you to serve as an impartial juror in this case? 38. Have you or anyone close to you ever been an employee of the City of Beloit? Conclusion 39. At the end of the case, I will give you instructions that will govern your deliberations. You are required to follow those instructions, even if you do not agree with them. Is there any one of you who would be unable or unwilling to follow my instructions? 40. Do you know of any reason whatsoever why you could not sit as a trial juror with absolute impartiality to all the parties in this case? 5
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