Adams v. Kraft et al

Filing 232

ORDER by Judge Lucy H. Koh granting 215 Stipulation (lhklc2, COURT STAFF) (Filed on 5/8/2012)

Case5:10-cv-00602-LHK Document231 Filed05/07/12 Page1 of 4

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KAMALA D. HARRIS
Attorney General of California
JOHN P. DEVINE
Supervising Deputy Attorney General
DANIELB.ALWEISS(SBN 191560)
HARRY T. GOWER, III (SBN 170784)
Deputy Attorneys General
455 Golden Gate Avenue, Suite 11000

San Francisco, CA 94102-7004

Telephone: [phone]

Fax: [phone]

E-mail: [e-mail]

Attorneys for Defendants Kraft, Hauck and Best

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
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BERRY LYNN ADAMS,

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5: 10-CV-00602-LHK
Plaintiff,

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v.

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STIPULATION AND ORDER RE:
FACTS AND EXHIBITS
Trial Date:

May 7, 2012

DANIEL L. KRAFT, pmLLIP HAUCK,
KIRK LINGENFELTER, K. P. BEST, J. I.
STONE, CHIP BOCKMAN, R.
CALLISON, SCOTT SIPES,

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Defendants.

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Pursuant to the court's order at the May 3, 2012 Pretrial Conference, the parties stipulate to
the following facts, and stipulate to the admissibility ofthe following exhibits.

Stipulated Facts

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a.

On February 14,2008, defendant Best cited the plaintiff for having an open container

of beer in violation of a County Code prohibiting open alcohol containers.
b.

A day or two later, defendant Best rescinded the citation he had issued to the plaintiff

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for having an open container of beer in violation ofa County Code prohibiting open alcohol

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containers.

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Stipulation and Order re: Facts and Exhibits (5:10-CV-00602 LHK)

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Case5:10-cv-00602-LHK Document231 Filed05/07/12 Page2 of 4

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c.
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because State Park Rangers contacted him about complaints of disturbances.

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In early June, 2009, the plaintiff complained to Park Superintendent Lingenfelter

d.

In response to the plaintiff's complaint, Superintendent Lingenfelter left him a

voicemail message explaining that law enforcement contacts with him were justified based on
laints where the plaintiff matched the reporting parties' descriptions ofthe suspect.

_-li--?'"

e.

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County jail after his arrest on June 24, 2009.

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f.

plaintiff complained of any wrist injury or pain after his arrest on June 24, 2009.
g.

The plaintiff did not have any visible injury to his hands or wrists when he was

evaluated by a nurse at the County jail after his arrest on June 24, 2009.

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The nurse who evaluated the plaintiff at the County jail examined the plaintiff's

hands and wrists and did not note any injury to the plaintiff in any manner, and did not note the

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The plaintiff did not complain of any wrist injury or pain to the intake officer at the

h.

The only physical injury the plaintiff claims in this lawsuit is injury to his right wrist

from allegedly being kicked, and pain caused by handcuffing after his arrest on June 24,2009.

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Exhibits Stipulated to Be Admissible at Trial

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a.

Time sheets for Ronald Callison and Dan Kraft.

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b.

Certified copy of Santa Cruz County 91 I-Emergency Dispatch Report, from

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emergency call by Greg Inloes on June 22, 2009.

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c.

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June 24, 2009.

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d.

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Certified copy of Santa Cruz County Jail booking sheet for Adams's jail intake on

Santa Cruz County Jail Intake Health Screening form for the jail intake of Berry

Adams, on June 24, 2009.

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e.

Santa Cruz County Jail Nurse Intake Evaluation form for Berry Adams, on June 24,

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f.

Rescinded citation for alcohol possession dated "2/15/07," number 647696.

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g.

Adams' complaint letter to Lingenfelter.

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h.

Lingenfelter letter to D.A. requesting a stay away order for Adams.

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i.

Lingenfelter letter to Adams re: Adams' complaints.

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2009.

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Stipulation and Order re: Facts and Exhibits (5:IO-CV-00602 LHK)

Case5:10-cv-00602-LHK Document231 Filed05/07/12 Page3 of 4

j.

Video ofincident on June 24,2009.

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k.

Tape recording of Adams' arrest after he was placed in police car.

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1.

Video of interview with Fox News on June 22, 2009.

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m. Nine-page hand written account from Inloes.

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n.

Inloes letter stating that the written account was solicited from the Rangers.

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o.

Kniveslblades.

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-The Buck knife with a 3.5" blade Adams wore on the right side of his belt, on the
afternoon of June 24, 2009 when Officer Hauck first made contact with him.

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-The Gerber utility tool with a 3" blade Adams wore on the left side of your belt, on
the afternoon of June 24,2009, when Officer Hauck first made contact with him.
p.

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Defendants on June 24,2009, at approximately 12:30 p.m.

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q.

Transcription of second audio recording of statements made by witness Inloes to

Defendants on June 24,2009, at approximately 2:06 p.m.
r.

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Transcription of first audio recording of statements made by witness Inloes to

Transcription of audio recording of statements made by Adams to Defendants on June

24, 2009, after his arrest.

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s.

Compact disc of audio records of previous three recordings.

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t.

Adams's written response to Special Interrogatories from Kraft, Hauck and Best.

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u.

Adams's response to Request for Production of Documents from Kraft, Hauck and

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Best, and the documents produced.
v.

Transcript of conversation between defendant Kraft and plaintiff Adams on June 25,

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w.

Excerpts from POST Leaming Domain 20.

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x.

Excerpts from POST Learning Domain 33.

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y.

Criminal complaint, Case No. M49450.

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2009.

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11/

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Stipulation and Order re: Facts and Exhibits (S:1D-CV-00602 LHK)

Case5:10-cv-00602-LHK Document231 Filed05/07/12 Page4 of 4

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z.

Public Safety Report 292016706.

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aa.

Public Safety Report 292012642.

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bb.

Supplemental Report 292012624

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Dated: May 4,2012

Respectfully Submitted,

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KAMALA D. HARRIS

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JOHN P. DEVINE

Attorney General of California
Supervising Deputy Attorney General

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lsi

=D-AN-I-EL~B~.~A~LWE-I-SS------------

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Deputy Attorney General
Attorneysfor Defendants Kraft, Hauck and Best

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Dated: May 4,2012

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Respectfully Submitted,
LA W OFFICE OF KATE WELLS

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lsi

KA=-TE---;"W=E--L-L-'S

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Attorneyfor PlaintiffBerry Lynn Adams

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ORDER

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Pursuant to the stipulation of the parties, IT IS ORDERED that the facts stated above are

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deemed established in this action, and the jurors must accept them as true. IT IS FURTHER

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ORDERED that the exhibits listed above are admissible at trial.

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IT IS SO ORDERED.

May 8, 2012

Dated: ------------

UNITED STATES DISTRICT JUDGE

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Stipulation and Order re: Facts and Exhibits (5:1O-CV-00602 LHK)