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.

Booker v. Ervin

United States District Court, S.D. Georgia, Statesboro Division

November 13, 2019

JARVIS DEMON BOOKER, Plaintiff,
v.
OFFICER ERVIN, Defendant.

          ORDER

          J. RANDAL HALL CHIEF JUDGE UNITED STATES DISTRICT COURT.

         The remaining claim in this case is Plaintiff's excessive force claim for nominal damages against Defendant Ervin. The case is scheduled for jury selection and trial on Monday, November 18, 2019, in Statesboro, Georgia.

         As an aid to the parties, the Court has considered the case preliminarily and forwards herewith its expected jury instructions in a case of this type. To the extent that either party has any objection to these instructions or has any suggested charge that differs from the jury instructions attached hereto, that party shall raise the objection at the pretrial conference on Friday, November 15, 2019.

         JURY INSTRUCTIONS

         Members of the Jury:

         I will now explain to you the rules of law that you must follow and apply in deciding this case.

         When I have finished you will go to the jury room and begin your discussions -- what we call your deliberations.

         In deciding the case you must follow and apply all of the law as I explain it to you, whether you agree with that law or not; and you must not let your decision be influenced in any way by sympathy, or by prejudice, for or against anyone.

         In your deliberations you should consider only the evidence -- that is, the testimony of the witnesses and the exhibits I have admitted in the record -- but as you consider the evidence, both direct and circumstantial, you may make deductions and reach conclusions which reason and common sense lead you to make. "Direct evidence" is the testimony of one who asserts actual knowledge of a fact, such as an eye witness. "Circumstantial evidence" is proof of a chain of facts and circumstances tending to prove, or disprove, any fact in dispute. The law makes no distinction between the weight you may give to either direct or circumstantial evidence.

         Remember that nothing the lawyers say is evidence in the case. And, except for my instructions to you on the law, you should disregard anything I may have said during the trial in arriving at your decision concerning the facts. It is your own recollection and interpretation of the evidence that controls.

         Credibility of Witnesses

         When I say you must consider all the evidence, I do not mean that you must accept all the evidence as true or accurate. You should decide whether you believe what each witness had to say, and how important that testimony was. In making that decision you may believe or disbelieve any witness, in whole or in part. The number of witnesses testifying concerning a particular point does not necessarily matter.

         To decide whether you believe any witness I suggest that you ask yourself a few questions:

• Did the witness impress you as one who was telling the truth?
• Did the witness have any particular reason not to tell the truth?
• Did the witness have a personal interest in the ...

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.