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Jesse Ray Lucas, Individually v. City of Visalia

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 20, 2013

JESSE RAY LUCAS, INDIVIDUALLY,
PLAINTIFF,
v.
CITY OF VISALIA; VISALIA POLICE DEPARTMENT; ROBERT CARDEN, INDIVIDUALLY AND IN HIS CAPACITY AS CHIEF OF POLICE OF THE VISALIA POLICE DEPARTMENT; VISALIA POLICE OFFICER CARMEN ESPARZA, INDIVIDUALLY AND IN HER CAPACITY AS A POLICE OFFICER; VISALIA POLICE OFFICER SEAN O'RAFFERTY, INDIVIDUALLY AND IN HIS CAPACITY AS A POLICE OFFICER; TASER INTERNATIONAL, INC.; AND DOES 1 TO 30,
DEFENDANTS.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER RE TESTIMONY OF DR. SWERDLOW AND DR. LABEL Complaint filed: June 10, 2009 Magistrate Judge: Jennifer L. Thurston District Court Judge: Anthony W. Ishii

ORDER

Based on the stipulation of the Parties, it is hereby ordered:

1. That Defendants shall not call Dr. Swerdlow and/or Dr. Label at trial;

2. Plaintiff shall not present evidence at trial that his cardiologic or neurologic conditions were exacerbated as a result of being shot with a Taser device on May 1, 2008.

3. The jury shall be instructed the parties have stipulated that neither Plaintiff's cardiologic or neurologic conditions were caused by or exacerbated as a result of being shot with a Taser device on May 1, 2008, and you must accept this fact as true.

IT IS SO ORDERED.

20130220

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