Reese, Jr. v. County of Sacramento et al

Filing 188

ORDER signed by Judge Garland E. Burrell, Jr. on 12/11/2015 ORDERING that Defendant Rose shall file a brief concerning the referenced issues on or before 12/17/2015. Plaintiff's responses to both Defendant Rose's 12/8/2015 filing and Defendant Rose's supplemental briefing shall be filed on or before 1/4/2016. Defendant Rose's reply, if any, shall be filed no later than 1/11/2016. The hearing on the motion is scheduled to commence at 9:00 AM on 1/12/2016. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT I. REESE, JR.,

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Plaintiff,

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No. 2:13-cv-00559-GEB-KJN

v.

ORDER FOR SUPPLEMENTAL BRIEFING
ON DEFENDANTS’ BRIEFING
REGARDING QUALIFIED IMMUNITY

COUNTY OF SACRAMENTO,
Sacramento County Sheriff’s
Department Deputy DUNCAN
BROWN (Badge #1220);
Sacramento County Sheriff’s
Department Deputy ZACHARY
ROSE (Badge #832),

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Defendants.

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On December, 8, 2015, Defendant Zachary Rose submitted

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“briefing

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answers

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Qualified Immunity 1:24, ECF No. 187.)1 Defendant Rose asserts he

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is entitled to qualified immunity because he had probable cause

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to

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specifically address whether this assertion is congruous with the

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jury’s answer to written question number 14, which is as follows:

use

regarding
to

written

deadly

qualified

immunity

questions.”

force;

however,

in

(Defs.’

light

of

Briefing

Defendant

Rose

the

jury

Regarding

does

not

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Defendant County of Sacramento also states that it is briefing Defendant
Rose’s qualified immunity defense but Defendant County of Sacrament does not
have standing to brief this issue; therefore, its arguments are disregarded,
and Defendant County of Sacramento shall not brief this issue again. See
Brandon v. Holt, 469 U.S. 464, 473 (1985) (“[A] municipality is not entitled
to the shield of qualified immunity from liability under § 1983 . . . .”)

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“Question No. 14: At the time Deputy Rose fired his

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shot, did it appear that Plaintiff posed an immediate threat of

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death or serious physical injury to Deputy Rose?

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YES _______ NO ___X______”

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(Revised Verdict Form, ECF No. 164.)

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Focus on what the jury decided in the general verdict

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with answers to written questions appears essential in light of

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Federal Rule of Civil Procedure 49(b)(2)’s following requirement:

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“When the general verdict and the [jury] answers are consistent,

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the court must approve, for entry under Rule 58, an appropriate

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judgment on the verdict and answers.”

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Therefore, Defendant Rose shall file a brief concerning

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the referenced issues on or before December 17, 2015. Plaintiff’s

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responses to both Defendant Rose’s December 8, 2015 filing and

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Defendant

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before January 4, 2016. Defendant Rose’s reply, if any, shall be

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filed no later than January 11, 2016. The hearing on the motion

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is scheduled to commence at 9:00 AM on January 12, 2016.

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Dated:

Rose’s

supplemental

briefing

December 11, 2015

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shall

be

filed

on

or