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NO. 17-1174 In the Supreme Court of the United States LUIS A. NIEVES AND BRYCE L. WEIGHT Petitioners, v. RUSSELL P. BARTLETT, Respondent. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit JOINT APPENDIX Vol. I of II JAHNA L INDEMUTH BARBARA L. SCHUHMANN Attorney General Counsel of Record STATE OF ALASKA ZANE D. WILSON DARIO BORGHESAN EHREN D. LOHSE Counsel of Record CSG, INC. Assistant Attorney General 714 Fourth Ave. ANNA R. JAY Suite 200 Assistant Attorney General Fairbanks, Alaska 99701 1031 W. Fourth Ave. (907) 452-1855 Suite 200 [email protected] Anchorage, AK 99501 (907) 269-5100 Counsel for Respondent [email protected] Counsel for Petitioner August 20, 2018 Petition for Writ of Certiorari filed February 16, 2018 Petition for Writ of Certiorari granted June 28, 2018 JA i TABLE OF CONTENTS VOLUME I Relevant Docket Entries United States District Court for the District of Alaska (Fairbanks), No. 4:15-cv-00004-SLG ................. JA 1 Relevant Docket Entries United States Court of Appeals for the Ninth Circuit, No. 16-35631 ......................... JA 7 Notice to Court of Filing Exhibits to Complaint by Russell P. Bartlett re 1 Complaint (March 10, 2015) .......................N/A Exhibit B: Alaska Department of Public Safety Incident Report ...................... JA 10 Exhibit C: Complaint in the District/Superior Court for the State of Alaska, AK14025280 JA 20 First Amended Complaint in the United States District Court for the District of Alaska at Fairbanks (October 16, 2015) .................... JA 31 Answer to First Amended Complaint in the United States District Court for the District of Alaska (October 29, 2015) .................... JA 37 Opposition to Motion to Quash Deposition of “Uninvolved Witness” (Sgt. Mike Ingram) in the United States District Court for the District of Alaska at Fairbanks (November 10, 2015) .................. JA 42 JA ii Exhibit A: Letter to Palmer District Attorney from Cook Schuhmann & Groseclose, Inc., dated July 16, 2014 ........................ JA 51 Exhibit B: E-mails between Niki Lightly, Zane Wilson and Raymond Beard, dated August 12, 2014 ............................... JA 53 Exhibit C: Status/assignment information . JA 56 Exhibit D: E-mail correspondence ....... JA 60 Exhibit E: Plaintiff’s Second Supplemental Disclosure Statement, dated November 10, 2015 ............................... JA 64 Deposition Excerpts of Luis Nieves, dated July 31, 2015 ............................ JA 70 Deposition Excerpts of John Thain, dated September 18, 2015 ................... JA 80 Deposition Excerpts of Brice Weight, dated July 31, 2015 ............................ JA 85 Memorandum in Support of Summary Judgment in the United States District Court for the District of Alaska (January 29, 2016) .................... JA 88 Exhibit A: Declaration of Luis A. Nieves . JA 139 Attachment 1: Alaska Department of Public Safety Incident Report............. JA 145 Attachment 2: Use of Force IA No: UOF2014- 0069 ............................ JA 154 JA iii Exhibit B: Affidavit of Lieutenant Lawrence Piscoya............................ JA 162 Exhibit C: Deposition Excerpts of Bryce L. Weight, dated (July 31, 2015 ........... JA 167 Exhibit D: Deposition Excerpts of Luis A. Nieves, dated July 31, 2015 ............ JA 184 Exhibit E: Deposition Excerpts of David Krack, dated July 27, 2015 .................. JA 198 Exhibit F: Deposition Excerpts of Russell Bartlett, dated July 27, 2015 ........... JA 210 Exhibit G: Declaration of Bryce L. Weight JA 223 Attachment 2: Use of force IA No: UOF201- 0069 ............................ JA 230 Exhibit J: Affidavit of Raymond Beard....JA241 Reply to Response to Motion for Partial Summary Judgment filed by Russell P. Bartlett (February 4, 2016) ......................N/A Exhibit A: Deposition Excerpts of Luis Nieves, dated July 31, 2015 .................. JA 247 Opposition to Motion for Summary Judgment (March 15, 2016) .................... JA 256 Exhibit A: Deposition Excerpts of David Krack, dated July 27, 2015 .................. JA 325 Exhibit B: Deposition Excerpts of MacCoy Walker, dated September 1, 2015 ....... JA 339 Exhibit C: Deposition Excerpts of Russell Bartlett, dated July 27, 2015 ........... JA 359 JA iv Exhibit D: Deposition Excerpts of Luis Nieves, dated July 31, 2015 .................. JA 378 Exhibit H: Deposition Excerpts of Jerry Sadler, Jr., dated August 10, 2015 ............. JA 404 Exhibit I: Affidavit of Sierra Conento .... JA 410 Exhibit K: Deposition Excerpts of Brice Weight, dated July 31, 2015 .................. JA 412 Exhibit L: Affidavit of Russell Bartlett ... JA 429 Exhibit M: Deposition Excerpts of Lawrence Piscoya, dated February 24, 2016 ....... JA 432 Exhibit O: [SEALED] DPS Operating Procedures Manual - Non-custodial Interviews & Use of Force [See Volume II] ......... JA 535 Exhibit R: Correspondence between CSG, Inc. and State of Alaska.................. JA 444 Reply to Opposition to Motion for Summary Judgment (March 31, 2016) .................... JA 464 Exhibit S: Affidavit of Melody S. Misulich JA 492 Exhibit V: Transcript Excerpt, dated February 23, 2016 ........................... JA 501 Exhibit Y: Deposition Excerpts of Russell Bartlett, dated July 27, 2015 ........... JA 523 Exhibit AA: Affidavit of Russell P. Bartlett JA 528 Petition for Panel Rehearing in the United States District Court of Appeals for the Ninth Circuit (November 3, 2017) .................. JA 531 JA v The following parts of the record have been omitted in printing this joint appendix because they appear on the following pages in the appendix to the Petition for a Writ of Certiorari: Memorandum, United States Court of Appeals for the Ninth Circuit (October 20, 2017) ....................App. 1 Order, United States District Court, Alaska (July 7, 2016) ........................App. 7 Order, United States Court of Appeals for the Ninth Circuit (November 21, 2017) .................App. 40 JA 1 RELEVANT DOCKET ENTRIES UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA (FAIRBANKS) 4:15-cv-00004-SLG Bartlett v. Nieves, et al. Date # Docket Text Filed 03/02/2015 1 COMPLAINT against Luis A. Nieves, Bryce L. Weight (Filing fee $400/receipt #FBK001125.), filed by Russell P. Bartlett.(PXS, COURT STAFF) (Entered: 03/03/2015) * * * 03/10/2015 7 NOTICE to Court of Filing Exhibits to Complaint by Russell P. Bartlett re 1 Complaint (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D)(Wilson, Zane) (Entered: 03/10/2015) * * * 05/04/2015 9 ANSWER to 1 Complaint with Jury Demand by Luis A. Nieves, Bryce L. Weight.(Moore, Stephanie) Modified on 5/6/2015 to reflect error: See 5/6/2015 Docket Annotation. (BJK, COURT STAFF). (Entered: 05/04/2015) * * * JA 2 10/16/2015 29 AMENDED COMPLAINT against All Defendants, filed by Russell P. Bartlett.(Wilson, Zane) (Entered: 10/16/2015) 10/29/2015 30 ANSWER to 29 Amended Complaint by All Defendants.(Moore, Stephanie) (Entered: 10/29/2015) * * * 11/10/2015 32 RESPONSE in Opposition re 31 MOTION to Quash Deposition of Uninvolved Witness filed by Russell P. Bartlett. (Attachments: # 1 Exhibit A-F, # 2 Exhibit, # 3 Proposed Order)(Wilson, Zane) (Entered: 11/10/2015) * * * 01/05/2016 38 MOTION for Partial Summary Judgment by Russell P. Bartlett. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Wilson, Zane) Modified on 1/6/2016 to reflect error: See 1/5/2016 Docket Annotation. (BJK, COURT STAFF). (Entered: 01/05/2016) 01/05/2016 39 MEMORANDUM IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT by Russell P. Bartlett 38 MOTION for Partial Summary Judgment filed by Russell P. Bartlett. (Wilson, Zane) (Entered: 01/05/2016) JA 3 * * * 01/28/2016 44 RESPONSE in Opposition re 38 MOTION for Partial Summary Judgment filed by Luis A. Nieves, Bryce L. Weight. (Attachments: # 1 Supplement Table of Contents, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit)(Moore, Stephanie) (Entered: 01/28/2016) * * * 01/29/2016 46 MOTION for Summary Judgment by Luis A. Nieves, Bryce L. Weight. (Attachments: # 1 Proposed Order)(Moore, Stephanie) (Entered: 01/29/2016) 01/29/2016 47 MEMORANDUM in Support of Motion for Summary Judgment by Luis A. Nieves, Bryce L. Weight 46 MOTION for Summary Judgment filed by Luis A. Nieves, Bryce L. Weight. (Attachments: # 1 Supplement, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit)(Moore, Stephanie) (Entered: 01/29/2016) JA 4 * * * 02/04/2016 49 REPLY to Response to Motion re 38 MOTION for Partial Summary Judgment filed by Russell P. Bartlett. (Attachments: # 1 Exhibit A)(Wilson, Zane) (Entered: 02/04/2016) * * * 03/15/2016 57 RESPONSE in Opposition re 46 MOTION for Summary Judgment filed by Russell P. Bartlett. (Attachments: # 1 Appendix, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Proposed Order)(Wilson, Zane) (Entered: 03/15/2016) * * * 03/18/2016 60 MOTION for Summary Judgment REGARDING THERE BEING NO PROBABLE CAUSE TO CHARGE MR. BARTLETT WITH RESISTING ARREST by Russell P. Bartlett. (Attachments: # 1 Proposed Order)(Wilson, Zane) (Entered: 03/18/2016) JA 5 * * * 03/31/2016 62 REPLY to Response
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