Free Scheduling Order - District Court of Connecticut - Connecticut

Case 3:00-cv-00468-PCD Document 101 Filed 10/26/2004 Page 1 of 1 E
1
UNITED STATES DISTRICT COURT p '
DISTRICT OF CONNECTICUT F1 L" E D
Dorian DAVIS, ; mi" UU 2b A Ie gg 1
P‘“i“‘“’i E us. msmm
v. i civ. Ne. s;00Cv46s (PCD) NE W H/\\/EI~l glfRT 1
CITY of HARTFORD, et al.,
Defendants. :
ORDER FOR SUPPLEMENTAL BRIEFING
On January 23, 2003, this Court received a verdict and entered judgment for Defendants
Richard Rodriguez and William Rivera against Plaintiff Dorian Davis. On September 23, 2004,
the Second Circuit Court of Appeals ordered that this Ccurt’s judgment be affirmed in part,
reversed in part, and remanded for further proceedings in accordance with its opinion.
This Court has scheduled jury selection for November 8, 2004. As the Court of Appeals
recommended in its opinion, the parties are ordered to submit tc this Court, on or before
November 4, 2004, briefs addressing whether the plaintiff or the defendant carries the ultimate
burden of proof with regard to probable cause in a § 1983 unconstitutional false arrest case. The
parties shall also address whether state or federal law should determine the proper allocation of
proof in cases such as this, as well as the proper burden to be applied if federal law trumps state
law.
SO ORDERED.
Dated at New Haven, Connecticut, October g_·£F2004.
_ 1 A
United States District Judge
1
u
1
1
1