United States District Court, D. Idaho
Lynn Winmill, Chief U.S District Court Judge
April 9, 2018, the Court's staff held a pretrial
conference in this matter. Based on that conference, and on
further consideration, the Court issues the following order:
THEREFORE IT IS HEREBY ORDERED, that
Legal Issues Remaining: The only
issues in this case are (1) whether the four remaining
defendants used excessive force during the scum on plaintiff
Rice, and, if so, (2) whether Rice suffered injury, (3)
whether he is entitled to monetary damages; and (4) whether
he is entitled to punitive damages.
Jurors: Seven jurors will be
empaneled to try the case. There are no alternates and the
jury must be unanimous in its verdict.
Jury Selection: Jury selection will
begin on Friday April 20, 2018, at 9:30 a.m. in the Federal
Courthouse in Boise, Idaho. Once the jury is selected, they
will be sent home with instructions to return for the trial
beginning Monday April 23, 2018, at 1:30 pm in the Federal
Courthouse in Boise, Idaho.
Preemptory Challenges: Plaintiff
will have 3 preemptory challenges. Defendants will share a
total of 3 preemptory challenges (not 3 preemptories each).
Time Allotted for Attorney Voir
Dire: Plaintiff shall have 20 minutes for voir
dire questioning by counsel, and Defendants shall have 20
Magistrate Taking the Verdict:
Unless an objection is filed, the Court will assume that all
parties agree that, if necessary, a Magistrate Judge may take
the verdict in this case.
Trial Day: The schedule for each
trial day is set out below: Monday: 1:30 pm to 5:00
pm (with 15 min break at about 3:30 pm). Tuesday:
8:30 am to 1:00 pm - lunch from 1:00 pm to 3:30 pm - continue
trial from 3:30 to 5:00 pm.
8:30 to 2:30 - two 15 min breaks at about 10:30 am and 12:30
Time Allocation: Because the Court
must complete the evidence and closing arguments by Friday,
and to ensure that each side gets a fair allocation of time
during that week, the Court will estimate the trial hours and
allocate them accordingly. You will use your time allocation
during opening statements, direct and cross, and closing
argument - time spent in voir dire does not count against
your allocated time. You will also lose time for any
objection you make that is not sustained. The time estimates
for each day (set forth below) are slightly less than the
hours might indicate because there are inevitably some
minutes lost in returning to court, etc.
3 hours (1:30 to 5:00 pm ...