United States District Court, S.D. Georgia, Statesboro Division
RANDAL HALL CHIEF JUDGE UNITED STATES DISTRICT COURT.
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.
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.
of the Jury:
now explain to you the rules of law that you must follow and
apply in deciding this case.
have finished you will go to the jury room and begin your
discussions -- what we call your deliberations.
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.
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
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
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.
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
• Did the witness have any particular reason not to tell
• Did the witness have a personal interest in the