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James Alan Bush (DWF967-08086698) 885 North San Pedro Avenue San Jose, California 95110 Plaintiff in pro per

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

James Alan Bush, Plaintiff, v. Officer Miguel Flores (#3881), Defendant.

Case No. 09-cv-01024 (PR) RS PLAINTIFFS FIRST SET OF INTERROGATORIES TO DEFENDANT SAN JOSE POLICE OFFICER MIGUEL FLORES (#3881) [Fed. R. Civ. P., Rule 33] Judge Richard Seeborg

COMES NOW Plaintiff, James Alan Bush, and submits the following interrogatories to Defendant Flores to be answered under oath, pursuant to Rule 33 of the Federal Rules of Civil Procedure, and as ordered by the Court on December 22nd, 2009, in its Order Denying Motion to Compel Discovery, which stated that Plaintiff shall serve interrogatories upon Defendant Flores as it appears that he did not receive the first two requests: 1. Do you admit that force was used by you to effect the arrest of the plaintiff? INTERROGATORIES PAGE 1 OF 5 09-cv-01024 (PR) RS

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(If your answer to interrogatory #1 is yes, please answer interrogatory #2; otherwise, you may file your response to this set of interrogatories only having provided an answer to interrogatory #1.) Do you claim that force was necessary to affect the arrest of the plaintiff? (If your answer to interrogatory #2 is yes, please continue answering the remaining interrogatories in this set of interrogatories; otherwise, you may file your response to this set of interrogatories only having provided answers to interrogatories #1 and #2.) What was the nature of the offense alleged to have been committed by the plaintiff? (In your answer, please cite the specific statute the plaintiff is alleged to have violated and describe the offense, and then state whether the offense constitutes an infraction, misdemeanor, or felony.) Did you or another police officer witness the offense alleged to have been committed by the plaintiff? Was the plaintiff subsequently charged with the offense that he was alleged to have committed? What was the nature of the resistance offered by the plaintiff during the arrest? (Please indicate whether the plaintiff attempted to flee or offered forcible resistance at any time during the course of the arrest, including both before and after he was handcuffed; if an attempt by the plaintiff to flee or if an offering of forcible resistance is not being alleged, please indicate the type of resistance offered by the plaintiff, including both before and after he was handcuffed.) What type of force was applied by you during the course of the arrest PAGE 2 OF 5 09-cv-01024 (PR) RS

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of the plaintiff? (Please specify the force applied when the plaintiff both allegedly offered resistance and when the plaintiff did not, and indicate which force was applied before and after the plaintiff was handcuffed.) Which other police officers were present during the arrest of the plaintiff? What was the size (including height and weight), strength (including gender and age), and weaponry of each police officerincluding yourselfrelative to that of the plaintiff? 10. Did you or any other police officer make any statements or gestures to the plaintiff indicating your intent to harm him during the course of the arrest of the plaintiff? (If your answer to interrogatory #10 is yes, please answer interrogatory #11; otherwise, please skip interrogatory #11 and answer interrogatory #12.) 11. What statements or gestures were made by you or other police officers to the plaintiff that indicated your intent to harm him? (Please identify the police officers making such statements or gestures in your answer.) 12. How many members of the public were present during the course of the plaintiffs arrest, and, in particular, from your initial encounter with the plaintiff and until after the time he was placed in handcuffs? 13. Did the plaintiff pose an immediate threat to your life or the life of another officer, or to the life of any member of the public during the course of the arrest of the plaintiff? (If your answer to interrogatory #13 is yes, please answer INTERROGATORIES PAGE 3 OF 5 09-cv-01024 (PR) RS

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interrogatory #14; otherwise, please skip interrogatory #14 and answer interrogatory #15.) 14. What were the circumstances that constituted an immediate threat to your life or the life of others? 15. Prior to the arrest of the plaintiff, did you or anyone else indicate to any member of the public your intent to arrest the plaintiff, either by phone or in person, or otherwise notify them of your intent to confront the plaintiff? (If your answer to interrogatory #15 is yes, please answer interrogatory #16; otherwise, please skip interrogatory #16 and answer interrogatory #17.) 16. Which members of the public were given foreknowledge of your intent to confront and/or arrest the plaintiff? (Please identify each person that was given foreknowledge of your intent to confront and/or arrest the plaintiff.) 17. Do you contend that the injuries sustained by the plaintiff were from a cause other than the force applied by you during the course of the arrest? (If your answer to interrogatory #17 is yes, please answer interrogatory #18; otherwise, please skip interrogatory #18 and answer interrogatory #19.) 18. How do you allege that the plaintiff sustained injury by other means than by the force applied by you during the course of the arrest? 19. What specific type of force did you apply to cause injury to the plaintiff? (Please indicate the manner and degree of force applied that caused each injury sustained by the plaintiff, including to his shoulder, INTERROGATORIES PAGE 4 OF 5 09-cv-01024 (PR) RS

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rib, and heart.) 20. Do you admit that, at any time during the course of the arrest of the plaintiff, that he advised you or any other officer of any existing injury? (If your answer to interrogatory #20 is yes, please answer interrogatory #21; otherwise, you may file your response to this set of interrogatories without having provided an answer to interrogatory #21.) 21. What injury did the plaintiff advise your or another officer during the course of the arrest? 22. Do you contend that you were the officer who placed the handcuffs on the plaintiff during the course of his arrest? (If your answer to interrogatory #22 is yes, please skip interrogatory #23 and answer the remaining interrogatories.) 23. Which officer placed the handcuffs on the plaintiff during the course of his arrest? 24. Do you contend that you were the officer who lifted the plaintiff to his feet after he was handcuffed? (If your answer to interrogatory #23 is yes, please skip interrogatory #25 and file your answers to these interrogatories.) 25. Which officer lifted the plaintiff to his feet after he was handcuffed? Dated: February 2nd, 2010

James Alan Bush Plaintiff in pro per

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