In an arrestee's lawsuit claiming that his arrest lacked probable cause, a federal appeals court rejected the argument that a prospective juror should have been excused because the plaintiff thought her prior belief about the possession of guns by convicted felons made her unfit to serve. The court also rejected the argument that the jury selection procedures and size should have been altered for the express purpose of ensuring that the petit jury would have jurors of a particular race. Marshall v. City of Chicago, #13-2771, 2014 U.S. App. Lexis 15376 (7th Cir.).
     Under Louisiana state law, there is no right to a jury trial in any lawsuit for injury to person or property against the state, a state agency, officer, or employee, or a political subdivision of the state or its employees acting in the discharge of his officials duties or within the course and scope of his employment. A jury trial was therefore not available on claims by the parents of a son shot and killed by an off-duty police officer, based on a determination that the officer acted in the course and scope of his employment or in discharging his official duties. Robertson v. Hessler, No. 2003-C-1060, 881 So.2d 116 (La. App. 2004). [N/R]
    Trial judge did not abuse discretion in refusing to ask potential jurors in lawsuit over shooting by officer how they felt about certain highly publicized police misconduct cases. Questions asked were sufficient to probe jurors' views about police misconduct litigation generally and about potential biases in favor of officers. Monroe v. City of Phoenix, Ariz., No. 99-16974, 248 F.3d 851 (9th Cir. 2001). [N/R]
     334:155 New trial granted in lawsuit over police dog's biting of arrestee; prospective jurors who indicated, during questioning, that they would have difficulty in awarding damages for pain and suffering unless it involved a condition that the plaintiff would suffer from for life should have been dismissed for cause. Pacot v. Wheeler, No. 4D99-0269, 758 So. 2d 1141 (Fla. App. 2000).
     328:58 California court rules that it is improper to strike gays and lesbians from a prospective jury on the basis of their sexual orientation. People v. Garcia, No. 00 C.D.O.S. 851, 92 Cal. Rptr. 2d 339 (Cal. App. 2000).
     332:123 Failure of trial judge to explicitly rule on the credibility of defendant's lawyers' use of peremptory challenges to bar minority jury members from trial in case alleging that court security officers attacked a married couple outside court required a new trial; wife, who suffered a subsequent miscarriage, could not recover damages for the loss of the baby, however, since a subsequent assault made it unclear what had caused it. Barnes v. Anderson, No. 98- 9114, 202 F.3d 150 (2nd Cir. 1999).
     322:148 Arrestee awarded $30,000 in damages against officer for false arrest and intentional infliction of emotional distress was also entitled to $193,361.25 in attorneys' fees and $3,987.20 in costs, despite contingent fee agreement limiting attorneys' fees to 40% of award; $3,000 in sanctions imposed against officer for failure to reveal additional citizen complaints against him in discovery process; plaintiff did not improperly strike males from the jury, since "gender-neutral" reasons were given. Gaytan v. Kapus, 181 F.R.D. 573 (N.D. Ill. 1998).
     296:122 Police officer defendants' striking of only two black members of jury panel in lawsuit against them was proper when one potential juror stated that she previously had an "unpleasant experience" with the police and defendants had personally been to other potential juror's residence to arrest her husband or boyfriend Johnson v. City of Decatur, 686 So.2d 314 (Ala Civ App. 1996).
     {N/R} Underrepresentation of minorities on jury venire which was the result of accidental computer error, rather than intentional discrimination, did not violate defendant's equal protection rights Ricketts v. City of Hartford, 74 F.3d 1397 (2nd Cir. 1996).
     285:137 City and mental health agency was not liable for officer's shooting of paranoid schizophrenic as he exited his bedroom, allegedly advancing on officer with hatchet raised; defendants adequately explained reasons for striking two black jurors, and trial judge correctly excluded evidence which was not relevant to the case at hand McKeel v. City of Pine Bluff, 73 F.3d 207 (8th Cir, 1996).
     265:13 Florida constitution prohibits use of peremptory challenges on the basis of a potential juror's Jewish ethnic background Joseph v. Florida, 636 So.2d 777 (Fla App. 1994). Editor's Note: " See also Florida v. Alen, 616 So.2d 452 (Fla 1993), in which the Florida Supreme Court ruled that prosecutors could not use peremptory challenges to discriminate against Hispanics or other ethnic groups which constitute a "cognizable class"
     U.S. Supreme Court rules that peremptory challenges of potential jurors based on gender violate the Equal Protection Clause of the Fourteenth Amendment JEB v. Alabama Ex Re TB, 114 S.Ct. 1419 (1994).
     Use of voter lists as the sole source for choosing trial jury pools did not violate black civil rights plaintiff's right to have jury chosen from a fair cross-section of the community; appeals court refuses to order new trial in case where jury returned verdict for officer sued for use of deadly force Floyd v. Garrison, 996 F.2d 947 (8th Cir. 1993).
     Plaintiffs in wrongful death suit against city raised their objection to the ethnic/racial composition of the panel of prospective jurors too late when they waited until after the jury was sworn in and empaneled Martinez v. City of Austin, 852 S.W.2d 71 (Tex. App. 1993).
     Police officer defendant in civil rights suit gave adequate race-neutral reason for striking of only black juror; defendant officer was entitled to costs award of $3,082 after jury verdict in his favor on excessive force claim Soler v. McHenry, 771 F.Supp. 252 (N.D.Ill. 1991).
     Alabama Supreme Court remands defense verdict on false arrest claim by black shopper against arresting officer; defendants' use of all peremptory challenges to strike black potential jurors raised an inference of race discrimination Fowler v. Family Dollar Stores, Inc, 571 So.2d 1102 (Ala 1990).
     Eighth circuit court of appeals holds that race cannot be used as basis for peremptory challenges of jurors in civil rights action Reynolds v. City of Little Rock, 893 F.2d 1004 (8th Cir. 1990).
     Race-based peremptory challenges to potential jurors in civil lawsuits is unconstitutional, U.S. Supreme Court rules Edmonson v. Leesville Concrete Company, Inc, 111 S.Ct. 2077 (1991).
     Two federal appeals courts hold that race cannot be used as basis for peremptory challenges of jurors in civil lawsuits Fludd v. Dykes, 863 F.2d 822 (11th Cir. 1989); Edmonson v. Leesville Concrete Co, Inc, 860 F.2d 1308 (5th Cir. 1988).