(PC) Gray v. Cassie et al

Filing 66

ORDER signed by Magistrate Judge Jeremy D. Peterson on 3/4/2025 DENYING plaintiff's 62 motion for a bench trial. (Deputy Clerk KLY)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FORREST GRAY,

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Case No. 2:22-cv-0099-DC-JDP (P)

Plaintiff,

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v.

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CASSIE,

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ORDER

Defendant.

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Plaintiff is a state inmate proceeding without counsel in this civil rights action brought

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under 42 U.S.C. § 1983. Plaintiff has filed a motion seeking to proceed with a bench trial, as

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opposed to a jury trial.1 ECF No. 62. Defendant opposes, arguing that he properly asserted his

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right to a jury trial in his answer and that because plaintiff brought this action under 42 U.S.C.

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§ 1983, defendant has the right to a jury trial. ECF No. 63.

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The Seventh Amendment provides that “[i]n Suits at common law, where the value in

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controversy shall exceed twenty dollars, the right of trial by jury shall be preserved . . . .” U.S.

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Const. amend. VII. This constitutional guarantee “appl[ies] to actions enforcing statutory rights,

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and requires a jury trial upon demand, if the statute creates legal rights and remedies, enforceable

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in an action for damages in the ordinary courts of law.” Curtis v. Loether, 415 U.S. 189, 194

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Both plaintiff’s initial and the operative complaint request a jury trial. See ECF No. 1 &

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(1974). While 42 U.S.C. § 1983 does not expressly provide for the right to a jury trial, see City of

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Monterey v. Del Monte Dunes at Monterey, Ltd., 526 U.S. 687, 707 (1999), the Supreme Court

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has held that such an action “seeking legal relief is an action at law within the meaning of the

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Seventh Amendment,” id. at 709.

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Rule of Civil Procedure 38 and Local Rule 201 govern the procedure for when a demand
is made for a jury trial. Federal Rule of Civil Procedure 38 provides in the relevant part:

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(b) Demand. On any issue triable of right by a jury, a party may
demand a jury trial by . . . . serving the other parties with a written
demand—which may be included in the pleadings—no later than 14
days after the last pleading directed to the issue is served . . . .

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(d) Waiver; Withdrawal. A party waives a jury trial unless its
demand is properly served and filed. A proper demand may be
withdrawn only if the parties consent.

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Defendant filed an answer with a demand for a jury trial, ECF No. 36 at 5, and has not

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withdrawn his demand for a jury trial, ECF No. 63. Therefore, because defendant has a right to a

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jury trial in this action and he has complied with the procedures for demanding a jury trial,

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plaintiff’s motion is denied.
Accordingly, it is hereby ORDERED that plaintiff’s motion for a bench trial, ECF No. 62,

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is DENIED.

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IT IS SO ORDERED.

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Dated:

March 4, 2025

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JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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