Croston v. Hobbs et al
Filing
109
ORDER: The Court appreciates the parties' proposed jury instructions. The Court is attaching its current working drafts of the voir dire, the preliminary instructions, the final instructions, and the interrogatories. The Court has concluded that the issues are better submitted as a deliberate-indifference claims as opposed to excessive-force claims. The Court has framed the elements instructions accordingly. Please file any objection or comment about the voir dire and preliminary instructio ns by noon on Friday, July 8. Hold fire on the final instructions and interrogatories. Those will be taken up on Monday at the pretrial. Signed by Judge D. P. Marshall Jr. on 7/7/2016. (Attachments: # 1 Document Voir Dire, # 2 Document Preliminary Instructions, # 3 Document Final Instructions, # 4 Document Interrogatories)(jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DETRICK D. CROSTON
ADC #131172
v.
PLAINTIFF
No. 5:13-cv-217-DPM
RODERICK COOKSEY
DEFENDANT
Voir Dire Outline
A.
Preliminaries
1.
Thank you for serving. Echo “Called to Serve.”
2.
A morning of speaking the truth, voir dire [vor-dyer]
= twelve people good and true
3.
School Day — 8:00 to 4:00 — for about two days.
4.
Urgent or Extraordinary Obligations this week?
Court’s Draft Voir Dire
7 July 2016
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Croston v. Cooksey
No. 5:13-cv-217-DPM
5.
Rules of the Road:
• Can I be completely fair and impartial?
• Can I decide the case based solely on the evidence
seen and heard in this courtroom, the law as
explained by the Court, and my common sense?
• Questions and Answers. You = you and your
immediate family.
• Raise your hand, state your name, and answer.
• Eighteen, but all — Notepads
• Questionnaires.
Summary.
Confirm lawyers
have.
• Case Sketch — Not Evidence, Just Background.
- This civil case involves a prisoner and a former
prison guard. Detrick Croston is an inmate in
the Arkansas Department of Correction.
Roderick Cooksey is a former ADC guard.
Croston claims that Cooksey violated his
Court’s Draft Voir Dire
7 July 2016
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Croston v. Cooksey
No. 5:13-cv-217-DPM
Eighth Amendment right to be free from cruel
and unusual punishment. More specifically,
Croston
alleges
that
Cooksey
sexually
assaulted, sexually harassed, and verbally
threatened him.
Cooksey denies these
allegations.
6.
Introductions
—
Plaintiff Detrick Croston. Lawyers = Justin Allen
and Quinten Whiteside.
—
Defendant Roderick Cooksey. Lawyer = Mickey
Stevens.
—
Witnesses - See chart on next page.
Court’s Draft Voir Dire
7 July 2016
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Croston v. Cooksey
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Possible Witnesses
Detrick Croston
Roderick Cooksey
Kenneth Riley
Kelsey Perry
Chad Jackson
Wallace Garner
Thomas Rowland
Kendrick Nelson
Anthony Jackson
Steve Outlaw
Janis Gibson
Jeremy Ridgle
James Caote
William Straughn
•
Know Parties? Lawyers? Witnesses?
B.
Call Eighteen, But All — Notepads
C.
General Background Questions
•
Legal training or experience?
•
Know other panel members?
•
Prior jury service?
•
Prior court experience? Sued or been sued? Witness?
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7 July 2016
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Croston v. Cooksey
No. 5:13-cv-217-DPM
•
Religious convictions against sitting in judgment?
•
Negative feelings about civil justice system?
—
—
D.
Too many lawsuits?
If sue, then win?
Case-Specific Questions
Remember, answer about you and your immediate
family.
Approach to answer sensitive questions.
•
Anyone ever employed by a jail, prison, or lawenforcement agency?
•
Anyone been in jail? Anyone ever had a family
member or close friend who has been in jail or
prison? Visit?
•
Anyone been the victim of sexual harassment or a
sexual assault?
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Croston v. Cooksey
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•
Anyone unable to hear a case involving sexual
harassment or sexual assault?
•
Anyone unable to credit a witness’s testimony solely
because the witness is incarcerated?
•
Anyone unable to award Croston relief solely
because he’s an inmate?
•
Anyone unable to hear a case involving homosexual
acts?
E.
F.
The Unasked Question?
G.
Lawyer’s Thoughts on Follow-Up Questions? FCP 47(a).
H.
1
Juror Question Time
Strikes for Cause. FRCP 47(c).1
Rule 47. Selecting Jurors
(a) EXAMINING JURORS. The court may permit the parties or
their attorneys to examine prospective jurors or may itself do so. If
the court examines the jurors, it must permit the parties or their
attorneys to make any further inquiry it considers proper, or must
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I.
Peremptory Challenges. FRCP 47(b).2
•
Three each side
itself ask any of their additional questions it considers proper.
(b) PEREMPTORY CHALLENGES. The court must allow the
number of peremptory challenges provided by 28 U.S.C. § 1870.
(c) EXCUSING A JUROR. During trial or deliberation, the court
may excuse a juror for good cause.
Allen v. Brown Clinic, PLLP, 531 F.3d 568, 572 (8th Cir. 2008).
“To challenge a juror for cause, a party must show actual
partiality growing out of the nature and circumstances of the case. A
district court is required to strike for cause any juror who is shown to
lack impartiality or the appearance of impartiality, and, absent abuse
of discretion, we will not interfere with the district court’s
determination of juror qualifications. The district court is given broad
discretion in determining whether to strike jurors for cause because
it is in the best position to assess the demeanor and credibility of the
prospective jurors.” (quotations omitted)
2
28 U.S.C. § 1870
“In civil cases, each party shall be entitled to three peremptory
challenges. Several defendants or several plaintiffs may be considered
as a single party for the purposes of making challenges, or the court
may allow additional peremptory challenges and permit them to be
exercised separately or jointly.
All challenges for cause or favor, whether to the array or panel
or to individual jurors, shall be determined by the Court.”
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J.
Challenging Strikes. Race or Gender? Batson.3
K.
Seat and Swear Jury
“You and each of you do solemnly swear or affirm to well
and truly try the matter now on trial and render a true
verdict according to the law and the evidence, so help you
God.”
L.
3
Thanks and Goodbye venire [ven–ire–e]
Three-part test.
“In order to succeed on a Batson challenge, a party must satisfy
a three-part test. First, an objecting party must make a prima facie
showing that a peremptory challenge was made on the basis of race.
Second, if a prima facie showing has been made, the party striking
the juror must offer a race-neutral basis for striking the juror in
question. Third, the trial court must determine whether the objecting
party has proven the ultimate question of purposeful discrimination.”
Cook v. City of Bella Villa, 582 F.3d 840, 854 (8th Cir. 2009)
(quotations omitted).
“We . . . strongly urge the district courts to make on-the-record
rulings articulating the reasoning underlying a determination on a
Batson objection.” Ibid. (quotation omitted).
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7 July 2016
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Croston v. Cooksey
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