Civil Procedure Keyed to Cross
Floyd v. Garrison
Mattie Ruth Floyd, Plaintiff, is a black women and she initiated this civil rights action against Marty Garrison, Defendant, who is a white officer, on the grounds that he used an unreasonable and unlawful amount of force in the shooting death of Jason Floyd. Before trial, Plaintiff requested the court to obtain a new jury pool because only one black juror was in the pool of forty prospective jurors. However, the court denied the motion. Subsequently, the jury reached a verdict in Defendant’s favor. Thereafter, Plaintiff moved for a new trial, and the court denied the motion. Plaintiff appealed on the ground that by refusing to obtain a new jury pool there was a violation of the Jury Selection and Service Act of 1968 (the Act), 28 U.S.C. § 1861, et. seq., and the right of equal protection guaranteed by the Fifth Amendment.
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