Castellanos et al v. State of California et al

Filing 150

VOIR DIRE. Signed by Judge Jeffrey S. White on July 13, 2016. (jswlc3S, COURT STAFF) (Filed on 7/13/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,

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United States District Court
Northern District of California

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Case No. 15-cv-00272-JSW

EDIN S. CASTELLANOS,

VOIR DIRE

v.
JEREMY J. MAYA,
Defendant.

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STATEMENT OF THE CASE

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On January 9, 2013, Defendant, Officer Jeremy Maya, arrested Plaintiff, Edin Castellanos,

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for driving under the influence of alcohol. At the time of his arrest, Mr. Castellanos’ blood

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alcohol content was more than twice the legal limit. Mr. Castellanos was transported by Officer

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Maya to the San Francisco Jail for booking.

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Officer Maya asserts that Mr. Castellanos was loud and belligerent and did not comply
with his instructions. Mr. Castellanos denies this claim.
At the San Francisco Jail, Officer Maya brought Mr. Castellanos into a holding cell. The

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parties agree that Mr. Castellanos’ hands were handcuffed behind his back when he was in the

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holding cell. Officer Maya asserts that, inside the holding cell, he seated Mr. Castellanos on a

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bench with his back to the wall. Officer Maya asserts that when he left the cell, Mr. Castellanos

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was not injured. When Officer Maya’s partner entered the cell, he discovered that Mr. Castellanos

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sustained a cut to his head.

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Mr. Castellanos denies that Officer Maya seated him on the bench and instead asserts that

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Officer Maya shoved him head-first into the cinderblock wall and then left the cell.

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Mr. Castellanos asserts that he was injured as a result of the incident.

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Mr. Castellanos maintains that Officer Maya used excessive force against him in violation

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of his Fourth Amendment rights and violated his First Amendment rights under the United States

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Constitution. Mr. Castellanos also claims that Officer Maya deliberately lied in his arrest report

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that Mr. Castellanos was not obeying his orders.
Mr. Castellanos was criminally charged with resisting, obstructing or delaying a peace

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officer in addition to charges for driving under the influence.

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Officer Maya denies Mr. Castellanos’ claims.
QUESTIONS

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1.

Have any of you heard or read anything about the case?

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2.

My name is Jeffrey S. White. Do any of you know me?

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United States District Court
Northern District of California

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3.

My courtroom deputy is Jennifer Ottolini and my Law Clerks are Daisy Salzman, Rachel
Jones, and Kristin Ring. Do any of you know any of these people?

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4.

The Plaintiff is Edin S. Castellanos. He is represented by Panos Lagos and Bennett Cohen.

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a.

Are any of you familiar with or do any of you know either Plaintiff or his counsel?

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b.

Have any of you been represented by or had any business dealing with any of either
of Plaintiff’s attorneys?

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5.

The Defendant is California Highway Patrol Officer Jeremy Maya. He is represented by

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Amy W. Lo, who is a lawyer at the Office of the Attorney General for the State of

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California.

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a.

Are any of you familiar with or do any of you know the Defendant or his counsel?

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b.

Have any of you been represented by or had any business dealings with
Defendant’s attorney or the Attorney General’s Office?

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6.

In addition to Plaintiff and Defendant, the parties may call the following witnesses:
[SLIDE OF WITNESS NAMES]

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a.

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7.

Are any of you familiar with or do any of you know any of the potential witnesses?

Have any of your immediate family members or a close friend ever been employed in the

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law enforcement field or with any law enforcement agency, including, but not limited to, a

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police department, a sheriff’s department, a highway patrol department, a department of
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corrections or parole, an immigration office, the Federal Bureau of Investigation, the Drug

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Enforcement Agency, or the Department of Homeland Security?

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a.

impossible for you to be entirely impartial in this case?

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8.

Do any of you have an interaction with law enforcement officers as part of your
employment?

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Is there anything about that relationship, or relationships, that would make it

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If there were a conflict or disagreement in the testimony of a law enforcement officer and

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another person, would any of you tend to give any more weight or credibility to the

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testimony of the law enforcement officer solely based on the fact that the witness is a law
enforcement officer?

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United States District Court
Northern District of California

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10.

There has been recent publicity about lawsuits and claims of excessive force that have been

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made against law enforcement officers and agencies. Do any of you have a belief as to

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whether most of these cases are unfair, unjustified or should not be brought to court?

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a law enforcement officer while he or she is on the job?

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Do any of you believe that it is not fair or right to judge or second guess decisions made by

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Have any of you, an immediate family member, or a close friend ever had any training,

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work experience, education, personal or volunteer experience in the field of alcohol or

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drug counseling?

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13.

Have any of you, an immediate family member, or a close friend ever had a substance

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abuse problem with alcohol?

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a.

What is that person’s relationship to you?

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b.

Is there anything about that experience that would affect your ability to be a fair
and impartial juror in this case?

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alcohol?

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15.

Have any of you ever had a significantly negative experience with someone who has had
too much alcohol to drink?

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Do any of you have any moral, religious, philosophical or other beliefs against drinking

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Have any of you, an immediate family member, or a close friend ever been involved in an
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accident, or near accident, with someone who has been drinking and driving?

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Do any of you, an immediate family member, or a close friend, belong to, donate to,

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volunteer with, or have some other involvement with any group concerned with drinking

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and driving or alcohol use, such as Mothers Against Drunk Driving or a similar

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organization?

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getting behind the wheel to drive?

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under the influence of alcohol?

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United States District Court
Northern District of California

Do any of you hold such strong feelings about drinking and driving that you would find it
difficult to be a fair and impartial juror in a case where the person suing had been driving

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Are there any of you who believe that it is not acceptable to have even one drink before

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In this case, Plaintiff and Defendant will have conflicting testimony as to what has

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occurred. Have any of you already formed the opinion as to which party is more likely to

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be truthful or accurate?

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award against a law enforcement officer?

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22.

Do any of you believe that law enforcement is more important than the protection of a
person’s constitutional rights?

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Do any of you feel as though you would be personally impacted by a verdict and damage

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Mr. Castellanos is seeking monetary compensation for pain and suffering. Do any of you

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have any concerns about or opposition to the idea of a person recovering monetary

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compensation for pain and suffering?

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Have any of you, an immediate family member or close friend ever had a back injury?

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Have any of you, an immediate family member or close friend ever had a neck injury?

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Do any of you, an immediate family member, or a close friend have any medical training?

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Do any of you, an immediate family member, or a close friend have any training in
biomechanics or accident reconstruction?

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28.

Do any of you have any such strong feelings about lawsuits brought to recover

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compensation for a personal injury that it might affect your ability to be a fair and impartial

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juror in this case?
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lawsuit?

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Do any of you belie there sho
y
eve
ould be a cap or ceiling o the recov
p
on
very in a pers
sonal injury

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.

The bur
rden of proo in a civil case is a “pre
of
c
eponderance of the evide
e
ence” standa which
ard,

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means you must be persuaded by the eviden that the claim is mor probably true than not
y
b
nce
re

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true, rat
ther than pro beyond a reasonable doubt. Do any of you b
oof
believe the b
burden of

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proof sh
hould be hig
gher than a preponderanc of the evidence in this case?
p
ce
s

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31.
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Is there anything ab
e
bout your lif experience backgroun attitudes or opinions that you
fe
e,
nd,

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believe the parties should know about that m
s
w
might affect your ability to be a fair and
t
y

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impartial juror in th case?
his

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32.
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If you are selected as a juror, I will instruct you that yo that you ar not to com
a
a
w
t
ou
re
mmunicate

United States District Court
Northern District of California

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with an
nyone in any way and are not to let a
e
anyone else c
communicate with you in any way
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about th merits of the case or anything to d with it. T includes discussing the case in
he
a
do
This
s

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person, in writing, by phone or other electro
b
onic means, via e-mail, t messagi
text
ing, or in or

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on an In
nternet chat room, blog, website or o
other social m
media. Do a of you b
any
believe that

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you wo
ould not be ab to follow that instruc
ble
w
ction?

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33.
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Having heard the qu
g
uestions put to you by th Court, and having hea the respo
he
ard
onses of

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other pa
anelists, can any of you think of any other reaso as to why you could n sit on this
n
y
on
not
s

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jury and render a fa verdict ba
d
air
ased on the e
evidence pre
esented to yo and in the context of
ou
e

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the Cou
urt’s instruct
tions to you on the law?

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34.
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Do any of you have anything th you woul like to bri to the Co
y
e
hat
ld
ing
ourt’s attenti (e.g.,
ion

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health problems, he
p
earing proble
ems, difficul understan
lty
nding Englis personal bias,
sh,

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financia problems, etc.) that might affect y
al
m
your ability t be an effective, fair an impartial
to
nd

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juror in this case?
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IT IS SO ORDER
S
RED.

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Da
ated: July 13, 2016
,
___
__________
___________
__________
________
JEF
FFREY S. W
WHITE
Un
nited States D
District Judg
ge

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