United States District Court, D. Idaho
MEMORANDUM DECISION AND ORDER RE: DEFENDANTS'
MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 23) DEFENDANTS'
MOTION TO EXCLUDE EXPERT WITNESS TESTIMONY (DOCKET NO.
E. Bush Chief U.S. Magistrate Judge
pending before the Court are Defendants' (1) Motion for
Summary Judgment (Docket No. 23), and (2) Motion to Exclude
Expert Witness Testimony (Docket No. 28). Having carefully
considered the record, participated in oral argument, and
otherwise being fully advised, the undersigned enters the
following Memorandum Decision and Order:
August 31, 2013, Plaintiff Javier Jimenez-Trejo and his
friend, Jordan Carter, drove to the Shilo Inn in Idaho Falls,
Idaho, with Mr. Carter driving Plaintiff's blue Ford
Explorer. When the Shilo Inn closed at 1:00 a.m., Plaintiff
and Mr. Carter drove to a convenience store in Idaho Falls
(where Plaintiff's wife worked) to purchase cigarettes -
again, Mr. Carter drove. After leaving the convenience store,
the two then headed for Rexburg, Idaho on Highway 20;
however, because Mr. Carter was driving erratically,
Plaintiff convinced him to exit Highway 20, stopping in the
parking lot of a retail store (Scotty's True Value) in
soon thereafter, Defendant John Clements, a deputy with the
Jefferson County Sheriff's Office, arrived and parked
behind the Explorer. Deputy Clements believed that Plaintiff
(not Mr. Carter) had been driving because of the physical
location of each of them when Deputy Clements saw them in the
moments leading up to his parking his patrol vehicle behind
the Explorer. Specifically, Deputy Clements says that
Plaintiff was standing outside the vehicle but near the
driver's side door, and Mr. Carter seated in the
passenger seat. Plaintiff recounted his interaction with
Deputy Clements at his deposition, testifying in relevant
Q: And then what happened?
A: Then Officer Clements show up.
Q: Were you in the vehicle or out of the vehicle when Officer
A: Out of the vehicle.
Q: Where were you at out of the vehicle?
A: Around the driver's side, the side - the driver's
side of the car.
Q: How long after you stopped was it before Deputy Clements
A: About seconds, I guess.
Q: And by the time he arrived, you had gotten out of the
vehicle and had gone around to the driver's side of the
car; is that what you're telling me?
Q: Where were you standing when he arrived?
A: When he was talking to us, I was talking to Jordan in the
passenger side of the car.
Q: I don't understand. Explain.
A: I saw Mr. Clements coming and I was walking towards the
driver's side. I saw him and I turned around and come
back and talked to Jordan. I said: I think we are in trouble.
I see the cop right there.
. . . .
Q: So [Deputy Clements] was in his vehicle. You were talking
to Jordan at the driver's side of the vehicle, correct -
of your vehicle, correct?
Q: [(From Plaintiff's Counsel)]: I think you said
A: When you say Clements arrived, I was talking to Jordan in
the passenger side. He was seated on the passenger seat and I
was standing outside.
Q: [(From Defendants' Counsel)]: So Jordan was -
A: He got out of the driver's side, walked around and
sit in the passenger side.
Q: So Jordan was in the passenger side when Clements arrived,
Q: And you were standing by the driver's door when -
A: I saw him.
Q: When Clements arrived, correct?
A: No. I was standing in the driver's side when I saw him
on the street ...