IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

TIMOTHY J. DUNMIRE, : 

 Plaintiff : NO. 2:05-CV-00081 

 : 

 v. : JUDGE SCHILLER 

 : 

STEPHEN M. DETZ and ERIC ZIMMERMAN, : 

 Defendants : JURY TRIAL DEMANDED 

 

PROPOSED VOIR DIRE QUESTIONS

(The following Voir Dire Questions have been agreed to by all counsel) 

 1. Have any of you ever previously served on a jury? 

 (a) If so, was it a criminal or a civil case? 

 (b) If it was a civil case, what was the outcome of that case? 

 2. Have any of you had any legal training or education of any type? 

 (a) What was the nature and extent of that training? 

 (b) When did that training occur? 

 3. Are you or any member of your immediate family acquainted with the Plaintiff, 

Timothy J. Dunmire of Lititz, Pennsylvania? 

Case 2:05-cv-00081-BMS Document 29 Filed 09/20/05 Page 1 of 11
(a) If so, how are you acquainted with Plaintiff? 

 (b) Would that relationship affect your ability to render a fair and 

impartial verdict in this case? 

4. Are you or any member of your immediate family acquainted with Plaintiff’s 

counsel, Harry W. Fenton, from Lebanon, or his firm, Reilly, Wolfson, Sheffey, Schrum & 

Lundberg, LLP, or have you or any member of your immediate family ever been represented by 

Attorney Fenton and/or his firm? 

 (a) Would that relationship affect your ability to render a fair and 

impartial verdict in this case? 

(b) If you were represented by Attorney Fenton or his firm, when was 

 that representation and what was the nature of that representation? 

(c) Would the fact that you were represented by Attorney Fenton 

and/or his firm affect your ability to render a fair and impartial 

verdict in this case? 

5. Are you or any member of your immediate family acquainted with the 

Defendants, Officer Stephen Detz of the Borough of Lititz Police Department and Officer Eric 

Zimmerman of the Warwick Township Police Department? 

(a) If so, how are you acquainted with the Defendants? 

 (b) Would that relationship affect your ability to render a fair and 

impartial verdict in this case? 

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6. Are you or any member of your immediate family acquainted with Defendants’ 

attorney, Robert G. Hanna., Jr. or his firm, Lavery, Faherty, Young & Patterson, and have you or 

any member of your immediate family ever been represented by Attorney Hanna or his firm? 

(a) If so, how are your acquainted with that attorney or firm? 

 (b) Would that relationship affect your ability to render a fair and 

impartial verdict in this case? 

(c) If you were represented by Attorney Hanna or his firm, when was 

 that representation and what was the nature of that representation? 

(d) Would the fact that you were represented by Attorney Hanna an 

and/or his firm affect your ability to render a fair and impartial 

verdict in this case? 

7. Are you or any member of your immediate family acquainted with Defendant 

Zimmerman’s attorney, Craig M. Straw, or his firm, Deasey, Mahoney & Bender, Ltd. and have 

you or any member of your immediate family ever been represented by Attorney Straw or his 

firm? 

(a) If so, how are your acquainted with that attorney or firm? 

 (b) Would that relationship affect your ability to render a fair and 

impartial verdict in this case? 

(c) If you were represented by Attorney Straw or his firm, when was 

 that representation and what was the nature of that representation? 

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(d) Would the fact that you were represented by Attorney Straw 

and/or his firm affect your ability to render a fair and impartial 

verdict in this case? 

8. The parties have indicated that the following individuals may be called as 

witnesses during the trial of this matter: 

 (a) Timothy Dunmire 

 

 (b) Eric Zimmerman 

 (c) Stephen M. Detz 

 

(d) Aaron Yoder, Lititz, Pennsylvania 

 

(e) Nicole Hershman, Lititz, Pennsylvania 

 

 (f) Erin Krushinski, Lititz, Pennsylvania 

 

(g) Andrew Bolton, Lititz, Pennsylvania 

(h) Troy A. Whitmyer, Lititz, Pennsylvania 

(i) James Anton, Lititz, Pennsylvania. 

 

Are you or any member of your immediate family acquainted with any of the 

witnesses who may testify in this case? 

(a) If so, how are you acquainted with that person? 

 (b) Would that relationship affect your ability to render a fair and 

impartial verdict in this case? 

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9. What is your occupation and your spouse’s occupation? 

10. Do you belong to any civic organizations or recreational groups?

(a) If so, do you hold any offices?

(b) What are the functions of the group?

11. Have you or any member of your immediate family ever initiated a claim for 

personal injuries against anyone? 

(a) If so, what was the nature of the claim and how was the claim 

 resolved? 

(b) Would that prior claim for personal injuries affect your ability 

to render a fair and impartial verdict in this case? 

12. Have you or any member of immediate family ever initiated a lawsuit against a 

local government official, a local government entity, a police department and/or a police official? 

(a) If so, what was the nature of claim and how was the claim 

 resolved? 

(b) Would the fact that you had initiated a prior lawsuit against a 

local government entity, local governmental official, a police 

 department and/or prison official affect your ability to render a 

fair and impartial verdict in this case? 

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13. Have you or any member of your immediate family ever been arrested or detained 

by any police department for anything other than a minor traffic offense? 

 (a) If so, [AT PRIVATE SIDEBAR], when and by whom were

you and/or your immediate family member arrested? 

 (b) If so, [AT PRIVATE SIDEBAR], what was the nature of the 

charge and what was the outcome? 

 (c) If so, [AT PRIVATE SIDEBAR], would the fact that you or a 

member of your immediate family had been arrested or 

 detained by a police department affect your ability to render 

a fair and impartial verdict in this case? 

14. Have you or any member of your immediate family ever experienced problems

with or lodged complaints against any other municipality, local elected official, police 

department and/or any person employed by any municipality, local elected official and/or police 

department? 

 (a) If so, [AT PRIVATE SIDEBAR], what was the nature of the 

problem or complaint, and how was it resolved? 

 (b) [AT PRIVATE SIDEBAR] Would the fact that you or a 

 member of your immediate family lodged a complaint against 

any other municipality, local elected official, police department 

and/or any employee thereof, affect your ability to render a fair 

and impartial verdict in the case?

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 (c) If so, [AT PRIVATE SIDEBAR] did any of these problems 

 involve the Borough o Lititz Police Department, Stephen Detz, 

Warwick Township Police Department, or Eric Zimmerman?

15. Have you read any newspaper articles or heard anything on the radio and/or 

television about this case? 

 (a) If so, [AT PRIVATE SIDEBAR] what did you hear, read 

and/or see about this case? 

 (b) If so, [AT PRIVATE SIDEBAR] would your ability to 

render a fair and impartial verdict in this case be influenced 

by what you heard, read or saw about this case? 

16. Have you or any member of your immediate family ever been convicted of a 

criminal offense, other than a minor traffic offense? 

 (a) If so [AT PRIVATE SIDEBAR] when were you or your 

family member convicted and what was the nature of the 

 charge? 

 (b) [AT PRIVATE SIDEBAR] Would the fact that you or a 

member of your immediate family was convicted of a criminal 

offense, other than a minor traffic offense, affect your ability

to render a fair and impartial verdict in this case? 

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17. Would any of you not be able to return a verdict in favor of Defendants, Officer 

Stephen M. Detz and/or Officer Eric Zimmerman, if warranted by the evidence, due to a dislike 

of municipal governments, police departments or police officers? 

18. Do any of you believe that there are no circumstances under which a police 

officer may enter a home without a warrant? 

(a) If so, would that belief affect your ability to render a fair and 

 impartial verdict in this case based upon the evidence presented 

and the law as given to you by Judge Schiller?

 

19. Do any of you believe that there are no circumstances under which a police 

officer may handcuff an individual detained during an investigation?

(a) If so, would that belief affect your ability to render a fair and 

 impartial verdict in this case based upon the evidence presented 

and the law as given to you by Judge Schiller?

20. Do any of you believe that the mere fact that the Plaintiff has filed a Complaint 

against Defendants alleging a violation of his constitutional rights, that the Defendants must have 

done something wrong and that Plaintiff is entitled to a recovery of money damages? 

21. Has any prospective juror, juror family member, close friend or neighbor ever 

been a victim of a crime of violence? 

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 (a) If so [AT PRIVATE SIDEBAR] what was the nature 

 of the crime? 

 (b) [AT PRIVATE SIDEBAR] Would the fact affect your 

 ability to render a fair and impartial verdict in this case?

22. Has any prospective juror had an experience with a city, township or other 

governmental entity or a police officer employed by same that would affect the prospective 

juror’s ability to be fair and impartial in this matter? 

 (a) If so [AT PRIVATE SIDEBAR] what was the nature 

 of the experience? 

 (b) [AT PRIVATE SIDEBAR] Would the fact affect your 

 ability to render a fair and impartial verdict in this case?

23. Would you be more likely to believe the testimony of a police officer or other law 

enforcement officer because of his or her job? 

24. Would you be less likely to believe the testimony of a police officer or other law 

enforcement officer because of his or her job? 

25. Do any of you know of any reason whatsoever why you could not sit as a fair and 

impartial juror in this case and come to a verdict solely on the basis of the evidence presented in 

this courtroom and the instructions on the law, which were given to you by the Judge? 

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26. Defendant Detz requests the right to ask reasonable follow-up questions as 

warranted on the jurors’ responses to the foregoing voir dire questions. 

 Respectfully submitted, 

 Lavery, Faherty, Young & Patterson, P.C. 

 

 By: /s/ Robert G. Hanna, Jr.

 Robert G. Hanna, Jr., Esquire 

 225 Market Street, Suite 304 

 P.O. Box 1245 

DATE: September 20, 2005 Harrisburg, PA 17108-1245 

 (717) 233-6633 (telephone) 

 (717) 233-7003 (facsimile) 

 Atty No. PA17890 

 rhanna@laverylaw.com

 Attys for Defendant Detz

 Reilly, Wolfson, Sheffley, Schrum

 and Lundberg, LLP 

 

 By: /s/ Harry W. Fenton . 

 Harry W. Fenton, Esquire 

 1601 Cornwall Road 

DATE: September 20, 2005 Lebanon, PA 17042 

 Atty No. PA55656 

 Attys for Plaintiff

 

 Deasey, Mahoney & Bender, Ltd. 

 

 By: /s/ Craig M. Straw 

 Craig M. Straw, Esquire

DATE: September 20, 2005 1800 JFK Boulevard, Suite 1300 

 Philadelphia, PA 19103 

 Atty No. PA78212 

 Attys for Defendant Zimmerman

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CERTIFICATE OF SERVICE

I, Blanche A. Morrison, an employee with the law firm of Lavery, Faherty, Young &

Patterson, P.C., do hereby certify that on this 20th day of September, 2005, I served a true and

correct copy of the foregoing Proposed Voir Dire Questions, via electronic filing as follows: 

Harry W. Fenton, Esquire 

Reilly, Wolfson, Sheffley, Schrum and Lundberg, LLP 

1601 Cornwall Road 

Lebanon, PA 17042 

Attorneys for Plaintiffs

 

Craig M. Straw, Esquire 

Deasey, Mahoney & Bender, Ltd. 

1800 JFK Boulevard, Suite 1300 

Philadelphia, PA 19103

Attorneys for Defendant Zimmerman

 /s/ Blanche A. Morrison 

 Blanche A. Morrison, Legal Secretary 

 to Robert G. Hanna, Jr., Esquire 

This document has also been electronically filed and is available for viewing and downloading 

from the ECF system. 

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