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Jimenez-Trejo v. Clements

United States District Court, D. Idaho

July 3, 2017

JAVIER JIMENEZ-TREJO, Plaintiff,
v.
OFFICER JOHN CLEMENTS, in his official and individual capacity; and the COUNTY OF JEFFERSON, an Idaho political subdivision, Defendants.

          MEMORANDUM DECISION AND ORDER RE: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 23) DEFENDANTS' MOTION TO EXCLUDE EXPERT WITNESS TESTIMONY (DOCKET NO. 28)

          Ronald E. Bush Chief U.S. Magistrate Judge

         Now 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:

         BACKGROUND

         On 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 Rigby, Idaho.

         Very 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 part:

Q: And then what happened?
A: Then Officer[1] Clements show up.
Q: Were you in the vehicle or out of the vehicle when Officer Clements arrived?
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 arrived?
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?
A: Yes.
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?
A: Yes.
Q: [(From Plaintiff's Counsel)]: I think you said passenger side.
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, correct?
A: Yes.
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 ...

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