Exclude or limit testimony of Swathi Kobe, Ph.D.ġ8. Exclude or limit testimony of Rod Englert.ġ7. Exclude or limit testimony of Dario Hernandez.ġ6. Exclude or limit testimony of Kris Mohandie, Ph.D.ġ4. Exclude or limit testimony of Jason Droll, Ph.D.ġ3. Exclude or limit testimony of Curtis Cope regarding speculative threat to the community, what the defendants would have done in a different scenario, or analysis based on information unknown.ġ2. Exclude mention of non-related shootings in which law enforcement have been shot ġ1. Exclude any reference to a gang neighborhood, or any history of crime in the neighborhood ġ0. ![]() Fajardo prior to receiving his Miranda admonitions and while he was acutely hospitalized under significant pain medication ĩ. Exclude impermissible character evidence regarding Guillermina Loera or her family Ĩ. Exclude information unknown to Officers Orozco and DeGeare at the time of the incident, including criminal history and incarceration history, prior interaction with law enforcement, and any prior use of drugs or alcohol, including any law enforcement contact, arrest, incarceration, conviction, and drug or alcohol use subsequent to the incident ħ. Fajardo's subjective state of mind, such as “playing dumb” during the incident Ħ. Fajardo to behave on the day of the incident ĥ. Exclude speculative testimony as to how drugs might have caused Mr. Exclude any conclusion by Bakersfield Police Department that the shooting was within policy or justified Ĥ. Exclude the District Attorney's findings and conclusions Ģ. The parties intend to file motions in limine and/or trial briefing on the following issues. The incident giving rise to this litigation occurred on in the parking lot at 600 Planz Road in Bakersfield, California. Defendant DeGeare at all times relevant to the incident, was acting within the course and scope of her Bakersfield Police Department employment duties and under the color of state law.Ĥ. Defendant Orozco at all times relevant to the incident, was acting within the course and scope of his Bakersfield Police Department employment duties and under the color of state law.ģ. The City of Bakersfield is a municipal entity, a political subdivision of the State of California.Ģ. Grosjean in Courtroom 10 (EPG) at the Robert E. Trial will be March 21, 2022, at 8:30 a.m., before U.S. Defendant estimates that trial will take 10-12 days. Plaintiff estimates that trial will take 8-10 days. Plaintiff has invoked his right to a jury trial of all triable issues. §§ 13, and supplemental jurisdiction over Plaintiff's state law claims pursuant to 28 U.S.C. The court has subject matter jurisdiction over Plaintiff's claims arising under 42 U.S.C. Jurisdiction and venue are not contested. ![]() Having reviewed the parties' joint pretrial statement, the Court now issues this pretrial order. 65.) On January 21, 2021, the Court held a pretrial conference. On January 12, 2022, the parties filed a joint pretrial statement. 66.) The motion is currently pending before District Judge Dale A. On January 19, 2022, Defendants filed a motion to withdraw their consent to proceed before a magistrate judge. § 636(c)(1), to have a United States Magistrate Judge conduct all further proceedings in this case. 1.) The parties have consented, pursuant to 28 U.S.C. ![]() 1.) Plaintiff's claims arise out of an incident on May 17, 2015, when Defendants Orozco and DeGeare fired gunshots into a car where Plaintiff had been sleeping, striking Plaintiff and causing permanent injury, including paralysis. This civil rights action proceeds on the complaint filed by Plaintiff Gilberto Fajardo (“Plaintiff”) on May 17, 2016, alleging claims against the City of Bakersfield, Juan Orozco, Lindy DeGeare (“Defendants”), and Does 1-10, inclusive, for (1) excessive force in violation of the Fourth Amendment (2) excessive force in violation of the Substantive Due Process clause of the Fourteenth Amendment (3) Monell liability against Defendant City of Bakersfield based on failure to train, ratification, and an unconstitutional policy, custom, and/or practice (4) battery under state law (5) negligence under state law and (6) excessive force in violation of California's Bane Act.
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