United States District Court, W.D. Washington
CHRISTIE LAW GROUP, PLLC ANN E. TRIVETT, Attorney for
BIBLE, James Bible Law Group JESSE VALDEZ, Valdez Lehman,
PLLC Attorney for Plaintiff
AMENDED PROPOSED PRETRIAL
MARSHA J. PECHMAN U.S. DISTRICT JUDGE.
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.
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
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.
defendants will assert the following affirmative defenses:
1. Officer Durell is entitled to qualified immunity; and
3. Plaintiff failed to mitigate his damages.
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,
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
following are the issues of law to be determined by the
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
2. If Officer Durell is liable for excessive force under 42
U.S.C. § 1983, is Officer Durell entitled to qualified
parties do not believe that a limitation on the number of
expert witnesses is necessary.
names and addresses of the expert witnesses to be used by
each party at trial and the issues upon which each will
behalf of the plaintiff;
(1) Gregory G. Gilbertson
4722 Snow Grass Place NE
Olympia, WA 98516-6258
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.
behalf of defendants:
(2) Thomas F. Ovens
2203 Airport Way S., Building C
Seattle, WA 98134
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
plaintiff anticipates calling the following witnesses at
1. Josiah Hunter (will testify)
c/o Counsel James Bible
14205 SE 36th Street Suite ...