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Jam es Ala James Alan n Bush (DWF967 (DWF967-080 -08086 8669 698 8) 885 North San Pedro Avenue San Jose, California 95110
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Plaintiff in pro per p er
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UNITED STATES DISTRICT COURT
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NORTHERN
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SAN
DISTRI DI STRICT CT OF CALIFORNIA
FRANCISCO FR ANCISCO DIVISI DIVISION ON
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James Alan Bush, Plaintiff,
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v.
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Ofcer Miguel Flores (#3881),
Defendant.
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Case No. 09-cv-01024 (PR) RS PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT SAN JOSE POLICE OFFICER MIGUEL FLORES (#3881) [Fed. R. Civ. P., Rule 33] Judge Richard Seeborg
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COMES NOW Plaintiff, James Alan Bush, and submits the following
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interrogatories to Defendant Flores to be answered under oath, pursuant
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to Rule 33 of the Federal Rules of Civil Procedure, and as ordered by
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the Court on December 22nd, 2009, in its Order Denying Motion to Compel
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Discovery, Discovery , which wh ich stated that th at “Plaintiff “Plaintiff shall ser ve interrogatories interrogatories upon up on
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Defendant Flores as it appears that he did not receive the rst two
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requests”:
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1.
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Do you admit that for force ce was used by by you to to effect effect the arrest of of the plaintiff?
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(If (I f your answer to interrogatory #1 #1 is yes, please please answer a nswer interrogato i nterrogatory ry
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#2; otherwise, you may le your response to this set of interrogatories
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only having provided an answer to interrogatory #1.)
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2.
Do you claim that force force was necessary to affect the arrest of of the plaintiff?
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(If your answer to interrogatory #2 is yes, please continue answering
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the re maini maining ng interrogatories interrogatories in this set of interrogatories interrogatories; ;
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otherwise, you may le your response to this set of interrogatories
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only having provided answers to interrogatories #1 and #2.)
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3.
What was the nature of of the offense offense alleged to have been committed com mitted by the plaintif plaintiff? f?
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(In (I n your answer, please cite cite the specic statute the plaintiff is
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alleged to have violated and describe the offense, and then state
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whether the offense constitutes an infraction, misdemeanor, or felony.)
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4.
been committed by the plaintiff?
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5.
Was the plaintif plaintiff f subsequentl subsequ ently y charged with with the offense offense that he was alleged to have committed?
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Did you or another police ofcer witness the offense alleged to have
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What was the nature nature of the resistance offered offered by the plaintiff plaintiff during
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the arrest arrest? ?
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(Please (P lease indicate whether the plaintiff attempted to ee or of offered fered
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forcible resistance at any time during the course of the arrest,
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including both before and after he was handcuffed; if an attempt by
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the plaintiff to ee e e or if an of offering fering of forcible forcible resistance is not
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being alleged, please indicate the type of resistance offered by the
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plaintiff plaintif f, including both befo b efore re and a nd after he was handc handcuffed uffed. .)
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7.
What type of for force ce was applied applied by by you during the course of the arrest
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of the plaintiff?
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(Please (P lease specify the force applied when the plaintif plaintiff f both allegedly
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offered resistance and when the plaintiff did not, and indicate which
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force for ce was applied before and after the plaintiff was handcuffed. h andcuffed.)
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8.
plaintiff?
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Which other police ofcers were present during the arrest of the
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What Wh at was the size (including height and weight) weight), stren strengt gth h (including
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gender and age), and weaponry of each police ofcer—including
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yourself—relative to that of the plaintiff?
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10. Did you or any other police ofcer make any statements or gestures to
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the plaintiff indicating your intent to harm him during the course of
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the arrest of the plaintiff?
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(If (I f your answer to interrogatory #1 #10 is yes, y es, please please answer a nswer
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interrogatory #11; otherwise, please skip interrogatory #11 and answer
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interrogatory #12.)
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11. 11 . What statements or gestures were made by you or other police ofcers
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to the plaintiff that indicated your intent to harm him?
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(Please identify the police ofcers making such statements or gestures
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in your answer.)
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12. 12 . How many memb me mbers ers of the public public were present during the course of the
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plaintiff’ plaintif f’s arrest, and, a nd, in particular, from your you r initial in itial encounter
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with the plaintiff and until after the time he was placed in
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handcuffs?
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13. 13 . Did the plaintiff plaintiff pose an im med mediate iate threat to your life life or the life of of
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another ofcer, or to the life of any member of the public during the
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course of the arrest of the plaintiff?
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(If (I f your answer to interrogatory #13 #13 is yes, please answer
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interrogatory #14; otherwise, please skip interrogatory #14 and answer
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interrogatory #15.)
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14. What were the circumsta nces that constituted constituted an immed im mediate iate threat to your life or the life of others?
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15. 15 . Prio Prior r to the t he arrest of the th e plaintiff, plaintiff, did you or anyone else indicate ind icate
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to any member of the public your intent to arrest the plaintiff,
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either by phone or in person, or otherwise notify them of your intent
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to confront the t he plaintiff?
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(If (I f your answer to interrogatory #15 #15 is yes, please answer
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interrogatory #16; otherwise, please skip interrogatory #16 and answer
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interrogatory #17.)
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16. Which members of the public were given foreknowledge of your intent to
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confront and/or arrest the plaintiff?
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(Please (P lease identify each p erson that was given foreknowledge of your
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intent to confront and/or arrest the plaintiff.)
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17.
Do you contend that the inj i njuries uries sustained by the plaintiff were from
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a cause other than the force applied by you during the course of the
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arrest?
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(If your answer to interrogatory #17 is yes, please answer
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interrogatory #18; otherwise, please skip interrogatory #18 and answer
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interrogatory #19.)
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18. How do you allege that the plaintiff sustained injury by other means than by the force applied by you during the course of the arrest? 19. What specic type of force did you apply to cause injury to the
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plaintiff?
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(Please indicate the manner and degree of force applied that caused
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each injury sustained by the plaintiff, including to his shoulder,
rib, and heart.)
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20. 20 . Do you adm it that, that, at any time during the course of the arrest of the
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plaintiff, that he advised you or any other ofcer of any existing
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injury?
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(If (I f your answer to interrogatory #20 #20 is yes, y es, please please answer a nswer
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interrogatory #21; otherwise, you may le your response to this set
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of interrogatories without having provided an answer to interrogatory
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#21.)
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21. What injury did the plaintiff advise your or another ofcer during the course of the arrest?
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22. 22 . Do you contend that you were the ofcer who placed the handcuffs on
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the plaintiff during the course of his arrest?
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(If (I f your answer to interrogatory #22 is yes, please skip i nterrogato nterrogatory ry
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#23 #2 3 and a nd answer a nswer the t he re maini maining ng interrogatories interrogatories.)
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23. 23 . Which ofcer placed the handcuffs on the plaintiff during the course of his arrest?
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24. Do you contend that you were the ofcer who lifted the plaintiff to
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his feet after he was handcuffed?
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(If (I f your answer to interrogatory #23 #23 is yes, please skip interrogatory
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#25 and le your answers to these interrogatories.)
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25. 25 . Which ofcer lifted the plaintiff to his feet after he was handcuffed?
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Dated: February 2nd, 2010
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James Alan Bush Plaintiff in pro per
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