UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

FRANCIS EUGENE PORTER :

:

Plaintiff

v.

:

OFFICER MASSI, et al.

:

Defendants :

CIVIL ACTION

NO. 05-1490 

JURY TRIAL DEMANDED

REQUESTED VOIR DIRE QUESTIONS

OF PROSPECTIVE JURORS

Plaintiffs by counsel, Andrew F. Erba and Gerald Williams, respectfully requests that the

following questions be asked of prospective jurors, with said questions not being intended to be the

complete list of all questions which should be asked of prospective jurors.

A. General Questions

1. Does any member of the jury panel feel that he or she could not follow the law concerning

Civil Rights as instructed by the court?

2. The parties in this action are as follows:

Plaintiff: Francis Porter

Defendants: Joseph Massi, William Swanson, William McGoldrick, James Nolan

and Mullen 

Do you know any party?

3.. Have you or any member of your immediate family ever been employed by the City of

Chester, or any governmental agency?

4,. Have you or any member of your immediate family ever had any business relationship or

1

Case 2:05-cv-01490-JP Document 28 Filed 11/27/05 Page 1 of 8
other dealings with defendants?

5 The parties in this case are represented by the following attorneys:

Plaintiff: Andrew Erba, Esquire and Gerald Williams, Esquire

Defendant: Thomas C. Gallagher, Esquire, Esquire

6. Do you know any counsel.

7.. Have you served as a juror before in a criminal or civil case? State or Federal? (If so, ask

the follow up questions in Section B, below, for each juror responding in the affirmative)

8.. Do you know anyone employed by or with the City of Chester or the City of Chester Police

Department

9. This case involves the alleged violation of Civil Rights under Federal Law and State Law.

The plaintiff is African American.

a. Have you had any dealings or experience with African American males that

might make it difficult to be a fair and impartial juror where an African

American man is the defendant?

b. Could you give the defendant African American, as fair and impartial a trial

as you would give a white defendant?

c. Is there any reasons whatsoever why the fact that Andre WIlson is a black

would interfere with your ability to give him a fair trial in this case?

10 Do you have any feeling that if a police officer testifies, he must or is telling the truth?

11. Are you related by blood or marriage, or do you have friends or neighbors employed by any

law enforcement organizations, police force or prosecutor’s office, whether it be private or

public or an a local, county, state, national or international level?

12 For those related or friendly to policemen or law enforcement personnel;

a.What is your relationship or friend ship?

2

Case 2:05-cv-01490-JP Document 28 Filed 11/27/05 Page 2 of 8
b. How long have you been so employed?

c. Is that person still so employed?

13. Would you have difficult following the judge’s instruction that if Mr. Porter proves his case

beyond a preponderance of the evidence, you should find for him?

a. Do you understand that the burden of proof in a civil case is a “preponderance of

the evidence”? Do you understand that the burden of proof in a criminal case is much tougher,

namely, “beyond a reasonable doubt”? In your mind, what is the difference between these two

phrases?

b. If you believe that the plaintiff proved its case with a majority or 51 percent of the

evidence, but you still believed that the defendant was right, how would you vote?

c. What else would you consider in rendering your verdict besides the evidence that

you have heard and the judge’s instructions?

14. Would you be able to follow the judge’s instructions that the fact that if you find for the

Mr. Porter that you may award them damages for the violations of their rights?

15. Have you or have someone you know ever been the victim of a crime. If so what crime and

when?

16. Do you think that the testimony of a law enforcement employee or police officer is entitled

to more weight than any other witness, merely because he or she is a police officer? 

17 There will be evidence to show that Mr. Porter suffered physical and emotional distress

losses in connection with this matter and are seeking compensation for these injuries, would

any of you have difficulty awarding this type of damages if the plaintiffs prove their case?

18. There will be evidence to show that Mr. Porter suffered emotional distress losses in

connection with this matter, would any of you expect evidence of injury to award the

plaintiffs damages or stated another way can you award damages just for emotional distress

3

Case 2:05-cv-01490-JP Document 28 Filed 11/27/05 Page 3 of 8
alone?

19. This is an civil rights case where Mr. Porter alleges that his civil rights were violated Have

any of the panel members ever participated in any way with a civil rights case?

20. Have any of you ever had your civil rights violated.

21. Do any of you have friends or relatives who were arrested or otherwise had a negative

encounter with the Police? Would this influence your ability to tender a fair and impartial

verdict based solely on the evidence given in this courtroom?

22. Do you, or any family member, have any work experience related to the law enforcement

field? (If answered in the affirmative, ask, at side bar, what is the work experience).

22. Does any member of the panel of believe that an police may can stop anyone for any

reason?

23. Does any one of you have any social, religious, moral or philosophical belief which would

preclude you from awarding a large money damages award if the evidence warranted such

an award?

24. When have you ever been a witness in a court? Tell us about that case and the role you

played.

25.. When have you ever demanded damages from someone for damages they caused to you, to

your family, or to your property?

26. How was this demand settled? Litigation? Insurance settlement? From your own pocket? 

Some other way?

27. What about those lawsuits would affect your attitude or feelings about this case?

28. Do you have any feelings about lawyers or law firms, either positive or negative, that would

affect your judgments in this case?

29. Did any of you serve in the military? If yes, what branch, what rank, what time period?

4

Case 2:05-cv-01490-JP Document 28 Filed 11/27/05 Page 4 of 8
30 Have any of you ever been a party to a lawsuit? (Was that as a plaintiff or defendant; what

was the nature of the action?)

. Have you ever been a witness at a trial?

If yes, how many times? __________

Please describe:

. Have any of you ever served on a jury before? (Civil or criminal; nature of

the case).

If yes, was there anything about your experience as a juror that would affect

how you view the Court system, or whether you could be fair and impartial

as a juror on this case?

31. Do all of you realize that although there will be many people on this jury, each of you will

have the task of making up your own mind, and voting your convictions. After listening to the

opinions of your fellow jurors, will you be able to stick to your own convictions and hold to

your own vote, even if you are the only one who feels that way?

32. Will you promise me that if you are chosen as a juror in this case, you will decide the case

solely on the basis of the evidence that you will hear in the courtroom, and on the instructions

and law the judge will give you, and that you will not consider any outside sources of information

in reaching your verdict?

33. When you and your fellow jurors are deliberating over this case, if one of your fellow jurors

states a view or opinion that indicates that he or she is prejudiced against one of the parties to the

suit, or is considering some matter that judge has told you not to consider, or is unwilling to follow

the law as it is given to you by the judge, will you be able to carry out your oath as a juror by

speaking out and stating that these matters must not be considered?

5

Case 2:05-cv-01490-JP Document 28 Filed 11/27/05 Page 5 of 8
34. Do you have any social, religious, moral or philosophical belief which would preclude you

from awarding to Francis Porter, a substantial amount of money for physical pain, suffering and

consequential damages, if that award was warranted by the evidence?

35. Plaintiff, Francis Porter, is also claiming that defendants’ actions were outrageous and were

intentionally or recklessly indifferent to his rights. Therefore, plaintiff will be asking that you award

punitive damages against individual defendants

36. Do you have any social, religious, moral or philosophical belief which would preclude you

from awarding to plaintiff, Francis Porter, a substantial amount of money as punitive damages, if

that award was warranted by the evidence?

37. It is anticipated that this civil trial will take approximately four days. Would there be any

great undue hardship on you to serve as a juror in this case?

38. Is there is anything, any reason at all, however personal or private, that makes you feel that

you would not like to serve on this case, or could not be fair and impartial? If so, please raise your

hand.

B PRIOR JURY SERVICE

1. Have you ever served on a jury before?

2. In state or federal court?

3. What sort of case was it? Civil or Criminal?

4. Did you reach a verdict? What was the verdict.

5. What were your impression of the jury system or the criminal justice system?

6. How did you feel about the process of deliberations.

7. Was there anything about the case which was difficult for you and makes you at all hesitant

to serve on this case.

6

Case 2:05-cv-01490-JP Document 28 Filed 11/27/05 Page 6 of 8
8. After that case did you have any discussions with any of the attorneys in that case?

9. What did they tell you about the case?

10. What did you think of the attorneys in the case?

C. Individual Questions

1 Have you ever served in any branch of the U.S. military?

( ) Yes ( ) No

2. If yes, please list the branch of service and your highest rank.

3. Are you married. How long.

4. Do you have children, if so what are their ages.

5 Do you reside in a city or suburban area? How long have you lived there.

4. Have you ever had a negative experience with a person of another race? If so tell me about

it.

Respectfully submitted,

Andrew F. Erba (ae-2336) 

Andrew F. Erba, for Plaintiffs

WILLIAMS, CUKER & BEREZOFKSY

One Penn Center at Suburban Station

1617 J.F.K. Boulevard, Suite 800

Philadelphia, PA 19102-2030

(215) 557-0099

PA. Attorney I.D. No. 20943

7

Case 2:05-cv-01490-JP Document 28 Filed 11/27/05 Page 7 of 8
CERTIFICATE OF SERVICE

It is certified that on this day a true and correct original or a copy of the plaintiff's Voir Dire

Questions were served to the following at the address set out below by the means stated herein:

Thomas C. Gallagher, Esquire

Holsten & Associates

One Olive Street

Media PA 19063

By Facimile and United States Mail

 

 /s/ Andrew Erba (ae-2336) 

Andrew F. Erba

dated: November 28, 2005

Case 2:05-cv-01490-JP Document 28 Filed 11/27/05 Page 8 of 8