Lawman ex rel. de Villiers v. City and County of San Francisco, 15-CV-01202 DMR. (2016)
Court: District Court, N.D. California
Number: infdco20160809847
Visitors: 10
Filed: Aug. 08, 2016
Latest Update: Aug. 08, 2016
Summary: ORDER RE OBJECTIONS TO TRIAL EXHIBITS DONNA M. RYU , Magistrate Judge . The court's rulings on the parties' objections to trial exhibits are set forth below. It is the parties' responsibility to seek admission of exhibits into evidence during the trial. PLAINTIFF'S EXHIBIT LIST Sponsoring Defendant's Ruling on Objections Description [Purpose] Witness Objection CCSF's Supp. Response to Plaintiff's 1 st Set of Special 1 Interro
Summary: ORDER RE OBJECTIONS TO TRIAL EXHIBITS DONNA M. RYU , Magistrate Judge . The court's rulings on the parties' objections to trial exhibits are set forth below. It is the parties' responsibility to seek admission of exhibits into evidence during the trial. PLAINTIFF'S EXHIBIT LIST Sponsoring Defendant's Ruling on Objections Description [Purpose] Witness Objection CCSF's Supp. Response to Plaintiff's 1 st Set of Special 1 Interrog..
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ORDER RE OBJECTIONS TO TRIAL EXHIBITS
DONNA M. RYU, Magistrate Judge.
The court's rulings on the parties' objections to trial exhibits are set forth below. It is the parties' responsibility to seek admission of exhibits into evidence during the trial.
PLAINTIFF'S EXHIBIT LIST
Sponsoring Defendant's Ruling on Objections
Description [Purpose] Witness Objection
CCSF's Supp. Response to
Plaintiff's 1st Set of Special
1 Interrogatories (excerpts) CCSF
[CCSF's claimed
for probable cause]
CCSF's Response
Plaintiff's 1st Set of Requests
2 for Admission [establishes CCSF
Plaintiff was unable to answer
Officer Gordon's
Photos of Four Seasons Object to photos with Overruled, but
3 [location of arrest; gives jury Rodie/ Flores people in them Plaintiff must blur
context] faces
Video of Four Seasons
4 residence lounge [location of Rodie/ Flores
arrest; gives jury context]
911 call [does not report that
5 Mr. Lawman was an Flores
"intoxicated trespasser"]
911 call transcript [see
6 Exhibit 5] Flores
Radio traffic (3 recordings)
7 [no mention of Mr. Lawman CCSF
being
CAD report [shows that
Officer Gordon was not
8 dispatched to the Four Gordon
Seasons regarding an
"intoxicated trespasser"]
9 WITHDRAWN
10 WITHDRAWN
Public Intoxication Report,
Dec., 31, 2011 [if admissible,
11 shows Gordon's Gordon
observations]
Object to this Overruled.
document as Exhibit currently
12 Field Arrest Card [evidence Gordon incomplete. Page includes CCSF-8.
of 647(f) arrest] CCSF-8 (the reverse
side of the card) is
excluded
13 Booking Card [evidence of Gordon
647(f) arrest]
County Jail 1 Sobering Cell
Observation Record [shows
14 vague observation by jail and CCSF
nursing staff]
15 Triage Note Latko
County Jail 1: Cell Housing
History [shows length of stay
16 in sobering cell for Plaintiff CCSF
and Michael Moracha]
As to Bates 915, 919, Overruled. The court
921, and 941-948, will give a limiting
Plaintiff did not instruction.
include these pages in
the exhibit binders.
However, Defendants
intend to admit this
portion of POST LD
37, and therefore do
not object to this late
addition to Plaintiff's
Exhibit List.
As to Bates 1015-1048,
Defendants
object pursuant to FRE
POST Learning Domain 37, 402, 403 because this
Chapter 4 [SFPD training], Chapter is a detailed
17 Bates Nos. 915, 919, 921, CCSF/Gordon training on 5150, and
941-948, 1015-1052 contains no other
information that could
be relevant to
plaitniff's See
Defendant's
3 (Dkt. 150). Even if
the Court permits
some questioning
regarding training as it
relates to 5150, this 33
page chapter on the
topic is irrelevant,
duplicative, confusing,
and prejudicial to
defendants. It would
be both prejudicial and
a waste of time
because the jury could
spend time using the
materials to evaluate
whether Mr. Lawman
should have been
5150'ed — something
they are not permitted
to do.
As to Bates 1049-1057,
Defendants
object to these pages
under FRE 402, 403,
as irrelevant,
prejudicial, confusing,
duplicative, and a
waste of time. These
pages contain
summaries of various
diagnoses that the jury
might be tempted to
use to diagnose the
plaintiff.
Even the two pages Sustained.
Plaintiff specifies of
this document are not
relevant (FRE 402),
and should be
excluded under 403 for
the reasons explained
in Defendant's
No. 3. First, training
about transporting
prisoners is irrelevant
because all claims
against Officer
Arrest and Control Manual, Kneuker (the
Ch. 9, Prisoner Transportation transporting officer)
18 [police training], Bates Nos. CCSF/ Gordon have been dismissed.
638-639 There is no dispute
that Plaintiff was
safely transported to
CJI. Second, the
pages specified by the
plaintiff relate
specifically to
medically assessing a
prisoner being
transported, including
when to summon an
ambulance. The claim
for failure to provide
medical care has been
dismissed. The
information contained
in these pages is not
relevant to any other
claim, but even if it
could have some
arguable relevance, it
is overly prejudicial
because it risks
suggesting to the jury
that the officers should
have summoned an
ambulance, or should
have had plaintiff
medically evaluated.
Subject to Foundation Overruled, subject to
FRE 402, 403 proper foundation.
There is a risk that the
Commonly Asked Questions jurors will accord
About the ADA and Law CCSF/ more weight to this
19 Enforcement [police training], Minioza training manual than to
Bates Nos. 434-436 the instructions the
Court provides
regardinig the law,
with respect to what
the ADA requires.
20 WITHDRAWN
Diagram of County Jail 1 Subject to foundation Ruling deferred,
21 [location of sobering cell Latko subject to proper
where Plaintiff was held] foundation.
22 S.F. Department of Public Latko
Health Policy: Sobering Cell
Foundation, 402 and Sustained.
403
This training applies to
5150; it specifically
relates to
psychologically
distressed adults who
have not committed a
crime.
Even if the Court
permits some
questioning regarding
training as it relates to
SFPD Roll Call Training 5150, this training is
23 Lesson: Psych. Eval. of CCSF/ Gordon duplicative, irrelevant,
Adults-Part 1 [police training] confusing, and
prejudicial to
defendants. It would
be both prejudicial and
a waste of time
because the jury could
spend time using the
materials to evaluate
whether Mr. Lawman
should have been
5150'ed — something
they are not permitted
to do.
S.F. Sheriff's
Jail #1 Operations Manual:
24 Sobering Cell [training re CCSF
observation of sobering cell
inmates] Bates Nos. 840-843
FRE 402, 403 Sustained.
This training about
transporting prisoners
is irrelevant because
all claims against
Officer Kneuker (the
have been dismissed.
SFPD General Order 5.18: transporting officer)
Prisoner Handling and There is no dispute
25 Transportation [police CCSF that Plaintiff was
training] Bates Nos. 236-238 safely transported to
CJI. Second, the
pages specified by the
plaintiff include
information about
medically assessing a
prisoner being
transported, giving
first aid, and
transporting prisoners
to SFGH, all which
relates to dismissed
claims. The pages also
relate to preventing
escape, and preventing
injury to prisoners.
The information
contained in these
pages is not relevant to
any other claim, but
even if it could have
some arguable
relevance, it is overly
prejudicial because it
risks suggesting to the
jury that the officers
should have
transported him to
SFGH, or should have
had plaintiff medically
evaluated.
FRE 402 403- Overruled. The court
This majority of this will give a limiting
General Order is not instruction.
relevant, and would be
confusing to the jury
because the focus is on
5150. See
MIL No. 3. Even if
the Court permits
SFPD General Order 6.14: some questioning
Psychological Evaluation of regarding training as it
26 Adults [police training] Bates CCSF relates to 5150, this
Nos. 242-246 General Order is
duplicative, confusing,
and prejudicial to
defendants. It would
be both prejudicial and
a waste of time
because the jury could
spend time using the
materials to evaluate
whether Mr. Lawman
should have been
5150'ed — something
they are not permitted
to do.
FRE 402, 403 Overruled.
This training pertains
to booking at district
stations by SFPD, not
booking by Sheriff at
CJ1. It risks confusing
SFPD Booking & Detention the jury about what
27 Manual, Sec. 8: Intoxicated CCSF policies applied at
Prisoners [police training] CJ1, where Plaintiff
was booked.
Moreover, Plaintiff has
not shown that there is
any relevance to his
Monell claim.
Foundation; FRE 402. Sustained.
This training is not
relevant because it
relates to how to deal
with someone
demonstrating
threatening behavior
because of a disability.
SFPD Roll Call Training This training is also
Lesson: ADA & Law inadmissible under
28 Enforcement — part 1 [police CCSF FRE 403 because of
training] the risk that the jurors
will accord more
weight to this training
manual than to the
instructions the Court
provides regardinig the
law, with respect to
what the ADA
requires.
Foundation, FRE 402, Overruled. The court
403 will give a limiting
instruction.
SFPD Disabilities Awareness
Guide: Psychiatric This Disabilities
29 Disabilities (excerpts) [police CCSF Awareness Guide is
training] Bates Nos. 262-263, not relevant, because
265, 266, 288-290 the excerpts the
Plaintiff has chosen
relate to 5150. See
Defendant's MIL No.
3. Even if the Court
permits some
questioning regarding
training as it relates to
5150, the portions
Plaintiff has chosen
from this handbook are
duplicative, confusing,
and prejudicial to
defendants. It would
be both prejudicial and
a waste of time
because the jury could
spend time using the
materials to evaluate
whether Mr. Lawman
should have been
5150'ed — something
they are not permitted
to do.
Moreover, Sergeant
Kruger testified that
this handbook is
merely information,
officers are not
required to be familiar
with its contents, and it
is not used as a part of
training. (Kruger
Deposition, 85:8-19.)
OCC Policy Recommendation Foundation Ruling deferred,
06.19.2003 [CCSF's notice of subject to proper
30 constitutional deprivations CCSF foundation.
through 647(f) arrests]
American Academy of
Psychiatry and the Law Objection, FRE 802, Ruling deferred,
Ethical Guidelines hearsay pending testimony.
31 [impropriety of rendering Keram
psychiatric opinions without a
personal examination]
DEFENDANT'S EXHIBIT LIST
A Plaintiff's; Sergeant No objection; Plaintiff
Report, dated December 31, Gordon stipulates to admit.
2011 (BATES NO. CCSF 11)
B CAD Audio folder 2917 12-31-11, Sergeant No Objection; Plaintiff
consisting of 4 WAV Gordon, stipulates to admit.
files Officer
1) 2117-2118 DP01.wav Minioza, DEM
2) 2118-2119 DP12.wav custodian of
3) 2129-2138 DP16.wav records
4) 2154-2155 DP12
(BATES NO. CCSF 6)
C SFPD CAD Report Custodian of No Objection; Plaintiff
S113652917 (CCSF 34) Records, DEM stipulates to admit.
D Plaintiff's Field Arrest Card, Custodian of No Objection; Plaintiff
dated December 31, 2011 Records, SFSD stipulates to admit.
(BATES NO. CCSF 7-8)
E Plaintiff's Custodian of No Objection; Plaintiff
dated December 31, 2011 Records, SFSD stipulates to admit.
(BATES NO. CCSF 9-10)
F Plaintiff's Sobering Cell Deputy No Objection; Plaintiff
Observation Record, dated Rappicavoli, stipulates to admit.
December 31, 2011 (BATES Nurse Lapitan,
NO. CCSF 12) Custodian of
Records, SFSD
G Plaintiff's Nurse Latko No Objection to Bates
Services records, dated No. CCSF 41; Plaintiff
December 31, 2011 stipulates to admit.
(BATES NO. CCSF 35-41)
H Sobering Cell Housing Custodian of No Objection; Plaintiff
History, dated December 31, Records, SFSD stipulates to admit.
2011 (BATES NO. CCSF 42)
Q DPH Jail Health Services Matt Friedman, No Objection; Plaintiff
Policy No. 303, Sobering Nurse Zeff, stipulates to admit.
Cell, rev July 2010 (BATES Nurse Lapitan,
NO. CCSF 459-460) Custodian of
Records, DPH
R POST Learning Domain 6, Lt. Jack Hart, Objection. FRCP Sustained.
Property Crimes, version 5, Mr. Jeffrey 37(c)(1): this
2008, Chapter 3: "Identifying Martin document was not
and Classifying Crimes identified in
Related to Trespassing" Defendants'
Pages 3-1 to 3-12 disclosure and was not
produced in discovery.
Relevance: only a few
portions of this
document potentially
relate to issues
involved in this case.
S POST Learning Domain 37, Lt. Jack Hart, No Objection; Plaintiff
Persons with Disabilities, Mr. Jeffrey stipulates to admit.
version 4, Chapter I 1-1 to 1-10 Martin
(BATES NO. CCSF 939-948)
T POST Learning Domain Lt. Jack Hart, Objection; relevance, Overruled. The court
8.01.E05, Public Intoxication Mr. Jeffrey 403. The document will give a limiting
(BATES NO. CCSF 1058-1060) Martin includes drug instruction.
intoxication and
obstruction of public
way as bases for
647(f) arrest; however,
the Court has
precluded reference to
these elements and
inclusion of this entire
document would be
misleading and
confusing to the jury,
and therefore unduly
prejudicial to Plaintiff.
U SFPD Statistics 2005-2014, Jeanne Foundation; hearsay; Overruled, subject to
Misdemeanor Arrests Chisholm relevance; requires proper foundation.
(BATES NO. CCSF 1784) expert testimony.
Jeanne Chisholm was
not designated as an
expert witness and
Defendants did not
designate any expert in
statistical analysis. Ms.
Chisholm may not
testify "as
statistical Significance"
of arrest data, even
assuming such data is
admissible. Shea v.
Kerry, 961 F. Supp. 2d
17, 50 (D. D.C. 2013).
Plaintiff requests a
hearing under FRE
104 prior to
introduction of this
evidence at trial
V San Francisco Area Map Sgt. Gordon, Relevance. Ruling deferred,
(BATES NO. CCSF 1785) Officer pending testimony.
Minioza
Y Plaintiff's N/A No Objection. Plaintiff
Y to CCSF's stipulates to admit.
Interrogatories, Set 1, served
December 12, 2014
B San Francisco Public Jeffrey Martin Lack of foundation Overruled, subject to
B Intoxication Arrests and/or authentication; proper foundation.
B Compared to Other Cities relevance; FRE 403;
(Exhibit C to the Deposition FRCP 37 (this
of Jeffrey Martin) document was never
identified or produced
as part of
Rule 26 disclosures;
instead, it was handed
to Plaintiff's
for the first time at Mr.
Martin's .
C Treatment records of Harry Dr. Motro Relevance; hearsay; Sustained.
C Motro, Psy.D (Exhibit 41 to foundation; FRE 403.
C the Deposition of Harry
Motro, Psy.D)
M SFSD Sobering Cell Policy, Chief Deputy No Objection. Plaintiff
M revised March 17, 2011 Matthew stipulates to admit.
M (CCSF 840-843) Freeman,
Custodian of
Records, SFSD
N Photo 1 of Four Seasons John Flores, Objection. The Court Overruled, but
N lobby Four Seasons has indicated that the Defense must crop or
N security; John sign outside the lounge blur
Rodie, Four may not be part of the
Seasons exhibit.
concierge;
Dwight Moore,
City
Investigator
O Photo 2 of Four Seasons John Flores, No Objection; Plaintiff
O lobby Four Seasons stipulates to admit.
O security; John
Rodie, Four
Seasons
concierge;
Dwight Moore,
City
Investigator
P Photo 3 of Four Seasons John Flores, No Objection; Plaintiff
P lobby Four Seasons stipulates to admit.
P security; John
Rodie, Four
Seasons
concierge;
Dwight Moore,
City
Investigator
Q Photo 4 of Four Seasons John Flores, No Objection; Plaintiff
Q lobby Four Seasons stipulates to admit.
Q security; John
Rodie, Four
Seasons
concierge;
Dwight Moore,
City
Investigator
R Photo 5 of Four Seasons John Flores, Objection. The Court Overruled, but
R lobby Four Seasons has indicated that the Defense must crop or
R security; John sign outside the lounge blur
Rodie, Four may not be part of the
Seasons exhibit.
concierge;
Dwight Moore,
City
Investigator
S Photo 6 of Four Seasons John Flores, Objection. The Court Overruled, but
S lobby Four Seasons has indicated that the Defense must crop or
S security; John sign outside the lounge blur
Rodie, Four may not be part of the
Seasons exhibit.
concierge;
Dwight Moore,
City
Investigator
IT IS SO ORDERED.
Source: Leagle
