Post details: Final Pretrial Conference Scheduled for March 19th

2012-03-18

Permalink 22:41:55, Categories: News, Roadblock Lawsuit, Checkpoints, 360 words   English (EU)

Final Pretrial Conference Scheduled for March 19th

At 1400 on Monday March 19, 2012 the final pretrial conference for my ongoing civil rights lawsuit will take place at the Tucson Federal District Court. The joint pretrial order was filed with the court on February 22nd and the court issued the order for pretrial conference on February 23rd. At some point after the pretrial conference, we will learn the dates of the actual trial.

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The joint pretrial order is a 46 page document that lays out the remaining issues for trial along with a brief summary from both sides regarding their position on each issue. Specifically, the document is broken down into the following sections:

  • An overview of the cause of action
  • Issues of fact that are not in dispute by either party & require no proof to be presented
  • Issues of fact that have not been admitted to by one party or the other but wont be contested
  • Issues of fact to be tried and determined at trial
  • Issues of law to be tried and determined upon trial
  • Additional issues of fact and law deemed material to the case
  • List of exhibits intended for use at trial with any stipulations and objections associated with them
  • List of witnesses
  • Statement regarding jury trial

Given the comprehensive nature of this document, this is the one to read for those looking for an overview of the issues remaining for trial.

It should be noted that the attorney for the defendant is attempting to suppress one of the issues we intend to bring to trial and will argue for its suppression at the pretrial conference. That issue is whether or not the officers were adequately trained regarding the conduct of a 'lawful' suspicionless roadblock prior to the roadblock conducted on December 20, 2002.

Their objection to a jury hearing about the level of training the police received regarding suspicionless roadblocks was made in the pretrial order and as a separate memorandum filed last week. The specific documents filed regarding this issue along with our reply can be accessed below:

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Roadblock Revelations

Welcome to Checkpoint USA's blog. Here you'll find general information and discussions regarding growing threats to our right to privacy & travel.

While I refer to court cases along with state and federal law frequently in this blog, nothing written here should be construed as legal advice. I am not an attorney. Rather, I'm someone concerned about the growing disregard for individual rights present at all levels of government.

My conclusions are my own based upon personal experience and research. The law is made purposely complex however and varies significantly from place to place and circumstance to circumstance.

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