Castellanos et al v. State of California et al

Filing 98

Court's Intended Voir Dire. Objections due by July 6, 2016. Signed by Judge Jeffrey S. White on June 16, 2016. (jswlc3S, COURT STAFF) (Filed on 6/16/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EDIN S. CASTELLANOS,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 15-cv-00272-JSW
COURT'S INTENDED VOIR DIRE

v.
JEREMY J. MAYA,
Defendant.

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TO ALL PARTIES AND THEIR ATTORNEYS’ OF RECORD: The following

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constitutes the Court’s intended voir dire. The parties shall file any objections to this voir

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dire by July 6, 2016.

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STATEMENT OF THE CASE

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Reserved – pending receipt of joint statement from the parties.

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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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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?

United States District Court
Northern District of California

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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.

During trial, the parties may call the following witnesses:

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COURT WILL READ THE NAMES OF THE WITNESSES and will post a

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slide of their names.
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 you, any family member, or a close friend ever been employed in the law

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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 office of homeland security?

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a.

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Is there anything about that relationship, or relationships, that would make it
impossible for you to be entirely impartial in a case where a law enforcement
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officer is being sued for excessive force?

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in law enforcement?

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9.

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

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Have any of you, an immediate family member, or a close friend ever volunteered with or
gone on a ride along with any law enforcement agency?

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Have any of you, an immediate family member, or a close friend ever considered a career

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

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United States District Court
Northern District of California

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enforcement officer?

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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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13.

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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15.

Have any of you served in the military?

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a.

If so, what service and rank?

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b.

Did you ever work with the military police?

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16.

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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17.

Are there any of you who do not ever drink alcohol of any kind?
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alcohol?

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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
accident, or near accident, with someone who has been drinking and driving?

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Do any of you ever actively avoid situations where people would be drinking alcohol?

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22.

Do any of you, an immediate family member, or a close friend, belong to, donate to,
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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United States District Court
Northern District of California

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organization?

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getting behind the wheel to drive?

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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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Do any of you hold such strong feelings about drinking and driving that you would find it

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difficult to be a fair and impartial juror in a case where the person suing had been driving

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under the influence of alcohol?

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In this case, it is undisputed that Plaintiff, Mr. Castellanos, the person suing, Defendant,

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Officer Maya, failed field sobriety tests and had a blood alcohol level that was twice the

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legal limit. Would these facts lead any of you to entirely discount Plaintiff’s testimony and

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recollection of events on that basis alone?

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Do any of you have an opinion as to whether Plaintiff could accurately remember what

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occurred in his interactions with Defendant if his blood alcohol content was twice the legal

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limit?

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27.

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

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occurred. Are there any of you who have already formed the opinion that Defendant’s

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testimony is more likely to be truthful or accurate than Plaintiff’s testimony?

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Do any of you feel as though you would be personally impacted by a verdict and damage
award against a law enforcement officer?
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person’s constitutional rights?

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Do any of you believe that law enforcement is more important than the protection of a

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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 medical training
with the care and treatment of neck injuries?

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United States District Court
Northern District of California

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35.

emergency room?

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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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Have any of you, an immediate family member, or a close friend ever worked as an EMT
or in an ambulance?

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Have any of you, an immediate family member, or a close friend ever worked in an

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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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or handles personal injury lawsuits or jury verdicts?

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Do any of you believe there should be a cap or ceiling on the recovery in a lawsuit against
a law enforcement officer for excessive force?

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Do any of you believe there should be a cap or ceiling on the recovery in a personal injury
lawsuit?

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Do any of you believe that the law or the courts should be reformed in the way it permits

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The burden of proof in a civil case is a “preponderance of the evidence” standard, which

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means you must be persuaded by the evidence that the claim is more probably true than not

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true, rather than proof beyond a reasonable doubt. Do any of you believe the burden of
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proof sh
hould be hig
gher than a preponderanc of the evidence in a la
p
ce
awsuit again a law
nst

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enforce
ement officer for excessive force?
r

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43.
.

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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44.
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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
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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United States District Court
Northern District of California

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

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45.
.

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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46.
.

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: June 16 2016
6,
___
__________
___________
__________
________
JEF
FFREY S. W
WHITE
Un
nited States D
District Judg
ge

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