NOTE: this exam is meant to be completed within 2 hours. Pla…
NOTE: this exam is meant to be completed within 2 hours. Plaintiff Lonnie Detwiler, a freelance journalist, sues Defendant Officer Ted Smith, a City police officer, and the City of Saint Suzanne, hereinafter (City), alleging excessive force and battery after Smith allegedly shoved Lonnie to the ground during a protest. Lonnie claims that she was photographing the protest when Smith yelled at her to move back and then, without justification, pushed her hard enough to cause a broken wrist. Smith claims Lonnie was blocking a police vehicle and ignoring repeated commands to step aside. For the following testimony, determine which objections should have been interposed, fully explaining the grounds for the objections, the appropriate responses, and the probable outcome in the appeals court. Answer according to the Federal Rules of Evidence, unless the California Evidence Code differs in some way with the Rules, in which case please discuss the difference. Do not discuss hearsay or privilege. A bystander, using a smartphone, recorded a 20-second clip showing Smith approaching Lonnie and Lonnie falling to the ground. The clip begins with Smith already walking toward Lonnie; it is unclear what occurred in the moments leading up to the shove. The City seeks to exclude the video, for among other reasons, that the video has been altered. Please determine whether the video is admissible. Ten months before this incident, Lonnie published an opinion article criticizing the Saint Suzanne Police Department as “reckless and prone to violent overreaction.” Lonnie seeks to exclude this evidence. Please determine whether evidence of the article is admissible. Plaintiff seeks to introduce evidence that Smith received an internal reprimand two years earlier for using excessive force during a different arrest. The City seeks to exclude. Please determine whether evidence of the internal reprimand is admissible. Plaintiff designates Professor Alex Sheridan, a criminal-justice scholar who has studied police-civilian interactions for 20 years. Sheridan will testify that: based on the video, Smith’s approach and shove are inconsistent with standard policing practices; in Sheridan’s expert opinion, the force used was excessive. The City moves to exclude Sheridan’s testimony. Please determine whether the proposed expert testimony is admissible. Plaintiff designates Professor Tina Calderone, a psychologist, who has recently completed a controversial study which has bearing on de-escalation of police-civilian conflicts. Dr. Calderone will testify that: Social Workers handle the kind of challenges at issue in this matter better than police officers who view force as the only solution; in Dr. Calderone’s expert opinion, the force used was unnecessary and provocative. The City moves to exclude Dr. Calderone’s testimony. Please determine whether the proposed expert testimony is admissible. Immediately after the incident, Lonnie told a protest organizer, “I can’t believe that cop did that—he just charged at me out of nowhere.” Please determine whether the Lonnie’s statement is admissible. (Note: please do not discuss hearsay.)