Voir Dire Form 1 (H0854110.DOC;1) - NDNY-FCBA



UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF NEW YORK

| | | |

|LUIS ROSALES, | | |

| | | |

|Plaintiff, | | |

| | | |

|vs. | |Civil Action No. |

| | |9:03-CV-601-LES/RFT |

|TIMOTHY QUINN, JOSEPH GIANNOTTA, RICHARD PFLEUGER, WILLIAM MARTENS and RANDALL| | |

|CALHOUN, et al. | | |

| | | |

|Defendants. | | |

PLAINTIFF’S VOIR DIRE FORM

Case Title: Rosales v. Quinn, et al.

Civil Action No.: 9:03-CV-601 (LES/RFT)

Assigned Judge: Hon. Lyle E. Strom

Names and addresses of all parties to the lawsuit:

Luis Rosales, Southport Correctional Facility, Pine City, New York 14871

Your name, firm name, address and the name of any partner or associate who may be at counsel table during the course of the trial:

Douglas J. Nash

Hiscock & Barclay, LLP

One Park Place

300 South State Street

Syracuse, New York 13221-2078

Set forth the date of the occurrence, the place of the occurrence and a brief statement of the events central to the litigation:

A series of occurrences are at issue in this litigation. The relevant timeframe for those occurrences is December, 2002 through May, 2003. All of the relevant occurrences were at the Auburn Correctional Facility, in Auburn, New York.

Events central to this litigation: The plaintiff claims that: (a) defendant Giannotta deprived the plaintiff of his first amendment right to petition the government for redress of grievances by placing the plaintiff in a three-day “keeplock” confinement simply because the plaintiff had filed a grievance against Giannotta that Giannotta felt was untrue; (b) defendant Quinn deprived the plaintiff of his first amendment right to petition the government for redress of grievances by threatening the plaintiff with physical harm if he did not stop filing grievances against the other defendants; (c) defendant Pfleuger both deprived the plaintiff of his first amendment right to petition the government for redress of grievances and violated the plaintiff’s right against cruel and unusual punishment by assaulting the plaintiff on two consecutive days in retaliation for a grievance the plaintiff previously had filed against defendant Pflueger; and (d) defendants Martens and Calhoun both deprived the plaintiff of his first amendment right to petition the government for redress of grievances and violated the plaintiff’s right against cruel and unusual punishment by assaulting the plaintiff after the plaintiff refused to sign a release of a grievance the plaintiff previously had filed against defendants Pfleuger and Calhoun.

Set forth the names and addresses of all lay witnesses to be called:

1. Luis Rosales, Southport Correctional Facility, Pine City, New York 14871;

2. Barbara Rosales, 396 Kansas Street, Lindenhurst, New York 11757;

3. Timothy Quinn, residential address unknown; employed at Auburn Correctional Facility, , Auburn, New York 13021-1800;

4. Joseph Giannotta, residential address unknown; employed at Auburn Correctional Facility, , Auburn, New York 13021-1800;

5. Richard Pfleuger, residential address unknown; employed at Auburn Correctional Facility, , Auburn, New York 13021-1800;

6. William Martens, residential address unknown; employed at Auburn Correctional Facility, , Auburn, New York 13021-1800;

7. Randall Calhoun, residential address unknown; employed at Auburn Correctional Facility, , Auburn, New York 13021-1800;

8. Custodian of Records, New York State Department of Correctional Services, Building 2, 1220 Washington Avenue, Albany, New York 12226; and

9. Custodian of Records, Auburn Correctional Facility, Auburn, New York 13021-1800.

Set forth the names and addresses of all expert witnesses to be called:

The plaintiff has not identified any expert witnesses as of the submission of this report.

Set forth a brief description of each and every cause of action in the complaint:

First Cause of Action:

The plaintiff has asserted a claim against defendant Giannotta under 42 U.S.C. § 1983 for depriving the plaintiff of his first amendment right to petition the government for redress of grievances by placing the plaintiff in a three-day “keeplock” confinement simply because the plaintiff had filed a grievance against Giannotta that Giannotta felt was untrue.

Second Cause of Action:

Plaintiff has asserted a claim against defendant Quinn under 42 U.S.C. § 1983 for depriving the plaintiff of his first amendment right to petition the government for redress of grievances by threatening the plaintiff with physical harm if he did not stop filing grievances against the other defendants, and against defendant Pfleuger for both depriving the plaintiff of his first amendment right to petition the government for redress of grievances and violating the plaintiff’s right against cruel and unusual punishment by assaulting the plaintiff on two consecutive days in retaliation for a grievance the plaintiff previously had filed against defendant Pfleuger.

Third Cause of Action:

Plaintiff has asserted a claim against defendants Martens and Calhoun under 42 U.S.C. § 1983 for depriving the plaintiff of his first amendment right to petition the government for redress of grievances and violating the plaintiff’s right against cruel and unusual punishment by assaulting the plaintiff after the plaintiff refused to sign a release of a grievance the plaintiff previously had filed against defendants Pfleuger and Calhoun.

DATED: July 9, 2007

|Hiscock & Barclay, LLP |

| |

|By: /s/ Douglas J. Nash |

|Douglas J. Nash |

|Bar Roll No. 511889 |

| |

|Attorney for Plaintiff |

|Luis Rosales |

| |

|One Park Place |

|300 South State Street |

|Syracuse, New York 13221-2078 |

|Telephone: (315) 425-2828 |

|Facsimile: (315) 703-7364 |

|Email: dnash@ |

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