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Hunter v. City of Federal Way

United States District Court, W.D. Washington

July 6, 2018

JOSIAH HUNTER, Plaintiff,
v.
CITY OF FEDERAL WAY, FEDERAL WAY POLICE DEPARTMENT, FEDERAL WAY POLICE OFFICER KRIS DURRELL, FEDERAL WAY POLICE CHIEF ANDY J. HWANG, JOHN DOE AND JANE DOE OFFICERS, Defendants. Ex. No. Bates Number Document Ex. No. Bates Number Document Ex. No. Bates Number Document

          CHRISTIE LAW GROUP, PLLC ANN E. TRIVETT, Attorney for Defendants

          JAMES BIBLE, James Bible Law Group JESSE VALDEZ, Valdez Lehman, PLLC Attorney for Plaintiff

          AMENDED PROPOSED PRETRIAL ORDER

          HON. MARSHA J. PECHMAN U.S. DISTRICT JUDGE.

         JURISDICTION

         Jurisdiction is vested in this Court by virtue of 28 U.S.C. § 1331 and 28 U.S.C. § 1367. The plaintiff is bringing a 42 U.S.C. § 1983 claim against defendant Kris Durell, as well as a companion assault claim against Officer Durell and his employer, the City of Federal Way.

         CLAIMS AND DEFENSES

         The plaintiff will pursue the following claims:

1. A claim against Officer Kris Dwell and the City of Federal Way under 42 U.S.C. § 1983 for excessive force in violation of plaintiff s Fourth Amendment rights[1]; and
2. A state law claim for assault against Officer Durell for his conduct and against the City of Federal Way under a theory of vicarious liability.

         The defendants will assert the following affirmative defenses:

1. Officer Durell is entitled to qualified immunity; and
3. Plaintiff failed to mitigate his damages.

         ADMITTED FACTS

         The following facts are admitted by the parties:

A. Josiah Hunter and Junior Beausilien were at the AM/PM located on 320th and Pacific Highway South on September 14, 2014.
B. Josiah Hunter and Junior Beauislien either heard or witnessed a near head-on collision. Josiah Hunter and Junior Beausilien went to the scene of the accident.
C. A group of civilians began to congregate near the scene of the accident near the site of the collision, which included Josiah Hunter and Junior Beasuilien.
D. Mr. Hunter and Mr. Beausilien were at the scene of the collision before any police officers.
E. Officer Durell was the first police officer to respond to the scene of the accident.
F. It appeared that Travis Wells was intoxicated.
G. Mr. Hunter and Mr. Beausilien told Officer Durell they were not involved in the accident.
H. Mr. Hunter picked Mr. Wells' wallet up off the ground during the course of Mr. Wells' arrest by Officer Durell, and returned the wallet back to the ground when so ordered by Officer Durell.

         ISSUES OF LAW

         The following are the issues of law to be determined by the Court:

1. Did Officer Kris Durell use excessive force in violation of Mr. Hunter's Fourth Amendment rights when he used a control hold (LVNR) during the course of Mr. Hunter's lawful arrest?
2. If Officer Durell is liable for excessive force under 42 U.S.C. § 1983, is Officer Durell entitled to qualified immunity?

         EXPERT WITNESES

         a) The parties do not believe that a limitation on the number of expert witnesses is necessary.

         b) The names and addresses of the expert witnesses to be used by each party at trial and the issues upon which each will testify are:

         On behalf of the plaintiff;

(1) Gregory G. Gilbertson
4722 Snow Grass Place NE
Olympia, WA 98516-6258

         Mr. Gilbertson is a police trainer, private investigator and professor, and he has been offered to testify regarding police practices and procedures pertaining and the reasonableness of the force used by Officer Durell to effect Mr. Hunter's arrest.

         On behalf of defendants:

(2) Thomas F. Ovens
2203 Airport Way S., Building C
Seattle, WA 98134
425-221-5095

         Mr. Ovens is a police practices expert, who will testify regarding the objective reasonableness of Officer Durell's actions at issue in this case, as well as commonly accepted and practiced police policies and procedures. Mr. Ovens' opinions and evaluations are set forth in Defendant's Rule 26(a)(2) Expert Witness Disclosure.

         OTHER WITNESSES

         The plaintiff anticipates calling the following witnesses at trial:

1. Josiah Hunter (will testify)
c/o Counsel James Bible
14205 SE 36th Street Suite ...

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