Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lawman v. City and County of San Francisco

United States District Court, N.D. California

August 7, 2016

GARY RICHARD LAWMAN, Plaintiff,
v.
CITY AND COUNTY OF SAN FRANCISCO, et al., Defendants.

          PRELIMINARY JURY INSTRUCTIONS

          Donna M. Ryu United States Magistrate Judge

         Ladies and gentlemen: You are now the jury in this case. It is my duty to instruct you on the law.

         You must not infer from these instructions or from anything I may say or do as indicating that I have an opinion regarding the evidence or what your verdict should be.

         It is your duty to find the facts from all the evidence in the case. To those facts you will apply the law as I give it to you. You must follow the law as I give it to you whether you agree with it or not. And you must not be influenced by any personal likes or dislikes, opinions, prejudices, or sympathy. That means that you must decide the case solely on the evidence before you. You will recall that you took an oath to do so.

         In following my instructions, you must follow all of them and not single out some and ignore others; they are all important.

         CLAIMS AND DEFENSES

         To help you follow the evidence, I will give you a brief summary of the positions of the parties:

         At approximately 9:30 pm on December 31, 2011, Plaintiff Gary Lawman was arrested by defendant Officers Phillip Gordon and Glen Minioza for public intoxication. Plaintiff was held in a sobering cell in County Jail for approximately 4 hours, and then released.

         Plaintiff claims that the defendants did not have a legal basis to arrest him for public intoxication or trespassing, and that his arrest was the result of an unlawful policy by the San Francisco Police Department regarding public intoxication arrests. Plaintiff also claims that he was wrongly arrested because of his disability.

         The Defendants claim that there was a legal basis to arrest Plaintiff for public intoxication and/or trespassing. Defendants further claim that there was no unlawful policy regarding public intoxication arrests that caused Plaintiff to be wrongly arrested. Finally, Defendants claim that Plaintiff’s arrest was not caused by his disability, if he had one, but rather by his unlawful behavior.

         BURDEN OF PROOF-PREPONDERANCE OF THE EVIDENCE

         When a party has the burden of proof on any claim by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim is more probably true than not true.

         You should base your decision on all of the evidence, regardless of which party presented it.

         TWO OR MORE PARTIES-DIFFERENT LEGAL RIGHTS

         You should decide the case as to each defendant party separately. Unless otherwise stated, the instructions apply to all parties.

         EVIDENCE

         The evidence you are to consider in deciding what the facts are consists of:

1. the sworn testimony of any witness;
2. the exhibits which are received into evidence; and
3. any facts to which the lawyers have agreed.

         In reaching your verdict, you may consider only the testimony and exhibits received into evidence. Certain things are not evidence, and you may not consider them in deciding what the facts are. I will list them for you:

(1) Arguments and statements by lawyers are not evidence. The lawyers are not witnesses. What they have said in their opening statements, will say in their closing arguments, and at other times is intended to help you interpret the evidence, but it is not evidence. If the facts as you remember them ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.