Castellanos v. Maya

          VOIR DIRE

          JEFFREY S. WHITE DISTRICT JUDGE

         STATEMENT OF THE CASE

         On January 9, 2013, Defendant, Officer Jeremy Maya, arrested Plaintiff, Edin Castellanos, for driving under the influence of alcohol. At the time of his arrest, Mr. Castellanos’ blood alcohol content was more than twice the legal limit. Mr. Castellanos was transported by Officer Maya to the San Francisco Jail for booking.

         Officer Maya asserts that Mr. Castellanos was loud and belligerent and did not comply with his instructions. Mr. Castellanos denies this claim.

         At the San Francisco Jail, Officer Maya brought Mr. Castellanos into a holding cell. The parties agree that Mr. Castellanos’ hands were handcuffed behind his back when he was in the holding cell. Officer Maya asserts that, inside the holding cell, he seated Mr. Castellanos on a bench with his back to the wall. Officer Maya asserts that when he left the cell, Mr. Castellanos was not injured. When Officer Maya’s partner entered the cell, he discovered that Mr. Castellanos sustained a cut to his head.

         Mr. Castellanos denies that Officer Maya seated him on the bench and instead asserts that Officer Maya shoved him head-first into the cinderblock wall and then left the cell.

         Mr. Castellanos asserts that he was injured as a result of the incident.

         Mr. Castellanos maintains that Officer Maya used excessive force against him in violation of his Fourth Amendment rights and violated his First Amendment rights under the United States Constitution. Mr. Castellanos also claims that Officer Maya deliberately lied in his arrest report that Mr. Castellanos was not obeying his orders.

         Mr. Castellanos was criminally charged with resisting, obstructing or delaying a peace officer in addition to charges for driving under the influence.

         Officer Maya denies Mr. Castellanos’ claims.

         QUESTIONS

         1. Have any of you heard or read anything about the case?

         2. My name is Jeffrey S. White. Do any of you know me?

         3. My courtroom deputy is Jennifer Ottolini and my Law Clerks are Daisy Salzman, Rachel Jones, and Kristin Ring. Do ...