Martinez v. Allison et al

Filing 147

ORDER DENYING Motion at Docket 144 , signed by District Judge Ralph R. Beistline on 3/9/16. (Hellings, J)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
RONALD F. MARTINEZ,
Case No. 1:11-cv-001749-RRB
Plaintiff,
ORDER DENYING
MOTION AT DOCKET 144

vs.
KATHLEEN ALLISON, Warden, et al.,
Defendants.

At Docket 144 Plaintiff Ronald F. Martinez has moved the Court to modify its prior
Order to produce for trial1 to include a 5-gallon bucket similar to that Plaintiff alleges he was
required to defecate in. Martinez contends that the use of this evidence is relevant to
establish that Defendant Davis: (1) was agitated and angry at Martinez; and (2) Davis’s
state of mind.
The Court again reminds Martinez that this case is proceeding to trial solely on the
theory that Defendant J. Davis used excessive force in taking Plaintiff down.2 Irrespective
of what may be Plaintiff’s “theory of the case,” the only evidence relevant to that issue is
evidence that the degree of force used was excessive. Specifically, evidence that Davis
used excessive and unnecessary force in taking Martinez to the ground and/or grinding his
foot into Martinez’s groin after Martinez was on the ground. A demonstration involving the
1

Docket 104.

2

Screening Order, Docket 11, pp. 13–14; Order Regarding Motion at Docket 66,
Docket 89, pp. 4–5.
ORDER DENYING MOTION AT DOCKET 144
Martinez v. Allison 1:11-cv-01749-RRB – 1

use of a 5-gallon bucket is irrelevant to the issue to be submitted to the jury. To the extent
that Davis’ state-of-mind may be relevant to the matters to be submitted to the jury, that
evidence may be introduced by testimony. A demonstration using a 5-gallon bucket is at
best remote and tangential. In short, such a demonstration would add nothing to Plaintiff’s
case.3
Accordingly, Plaintiff’s Motion Requesting the Court to Modify Its Order to Produce
for Trial at Docket 104 at Docket 144 is hereby DENIED.
IT IS SO ORDERED this 9th day of March, 2016.

S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

3

See Fed. R. Evid. 401, 403.

ORDER DENYING MOTION AT DOCKET 144
Martinez v. Allison 1:11-cv-01749-RRB – 2