United States District Court, E.D. California
PRETRIAL ORDER ORDER FOLLOWING TELEPHONIC TRIAL
CONFIRMATION HEARING HELD ON JUNE 20, 2016
civil rights action, brought pursuant to 42 U.S.C. §
1983, proceeds on the initial Complaint filed pro se
by state prisoner Lamont Shepard (“Plaintiff”) on
March 30, 2011, against defendants Sergeant J. Lopez,
Correctional Officer Z. Dean, and Correctional Officer J.
Campbell (collectively, “Defendants”), for use of
excessive force in violation of the Eighth Amendment. This
case is presently set for trial on August 2, 2016 at 1:00
p.m. before District Judge Dale A. Drozd in Courtroom 5.
13, 2016, Plaintiff filed his pretrial statement. (ECF No.
102.) On June 16, 2016, Defendants filed their pretrial
statement. (ECF No. 103.) Having reviewed the pretrial
statements and the remainder of the file, the Court now
issues a pretrial order.
20, 2016 at 1:30 p.m., a telephonic trial confirmation
hearing was held before District Judge Dale A. Drozd.
Plaintiff appeared telephonically on his own behalf, and
defense counsel John P. Walters, California Deputy Attorney
General, appeared telephonically on behalf of Defendants.
Jurisdiction and Venue
Court has subject matter jurisdiction over this federal civil
rights action. 28 U.S.C. Â§ 1331. Venue is proper because the
conduct allegedly occurred in this judicial district. 28
U.S.C. § 1391. There is no dispute as to the
Court’s jurisdiction or the propriety of venue.
parties request a trial by jury. Fed.R.Civ.P. 38(b).
Facts and Evidentiary Issues
Defendants’ Undisputed Facts
Plaintiff was an inmate at California State Prison, Corcoran
on December 13, 2008.
Plaintiff was involved in an incident in his housing unit,
and was charged with threatening a peace officer.
Plaintiff was evaluated by Licensed Vocations Nurse E.
Nelson, who referred Plaintiff to the prison hospital for
Defendants Campbell, Dean, and Lopez were not involved in the
incident in the housing unit, but were present to escort and
secure Plaintiff in the prison hospital.
Cohen evaluated Plaintiff and ordered Plaintiff to be
injected with Haldol.
Defendants were present when Plaintiff was injected.
Plaintiff alleges that Defendants used excessive force while
restraining him for the injection.
Defendants deny restraining Plaintiff or using any force at
Plaintiff’s Undisputed Facts
Defendants are very knowledgeable about the allegations in
Defendants Z. Dean, J. Lopez and J. Campbell are also aware
that each of them held Plaintiff down in a 3 point position
to be injected with 10 mg. of Haldol.
Defendants are knowledgeable about the information alleged
throughout the Complaint.
Defendants are also aware that Plaintiff filed a 602
complaint against defendants J. Campbell, Z. Dean, and J.
Plaintiff is entitled to all relief sought in the
Defendants are aware that they violated Plaintiffs federal
Defendants Z. Dean, Campbell, and J Lopez are aware that they
used unnecessary excessive force against Plaintiff in the
form of a 3 point.
Defendants’ Disputed Factual Issues
Defendants used excessive force against Plaintiff, and the
nature and extent of any injuries sustained by Plaintiff.
Plaintiff’s Disputed Factual Issues
allegations made in the Complaint filed May 19, 2014
regarding defendants Campbell, Dean, and Lopez’s use of
unnecessary, excessive, and unreasonable force that caused
Plaintiff to suffer serious pain and extreme discomfort.
Defendants’ Disputed Evidentiary
known at this time.
Plaintiff’s Disputed Evidentiary
anticipates disputes concerning the evidence Defendants
intend to present at trial. Plaintiff disputes whether
Defendants were forthcoming with discovery requested by
Plaintiff, and whether Defendants denied Plaintiff requested
discovery as a tactical advantage over Plaintiff.
seeks compensatory and punitive damages in the combined sum
of $1.3 million.
Points of Law
action proceeds only on Plaintiff’s § 1983 claim
against defendants Campbell, Dean, and Lopez for use of
excessive force in violation of the Eighth Amendment. No
other claims are at issue.
Imposition of Liability ...