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Floyd v. Garrison

    Brief Fact Summary.

    . Plaintiff, a black woman, brought suit against Defendant, a white officer, on the grounds that the officer used an unreasonable and unlawful amount of forcing in shooting and killing her son, Jason Floyd. Plaintiff motioned for a new jury because only one of the forty prospective jurors was black. The court denied the motion, and the jury reached a verdict in Defendant’s favor. Plaintiff motioned for new trial, and the court denied the motion. Plaintiff appeals.

     

    Synopsis of Rule of Law.

    When a jury pool is selected from a voter lists, the jury pool does not violate the fair-cross-section requirement of the Jury Selection and Service Act and the equal protection guaranteed by the Fifth Amendment, despite the fact that there is an underrepresented number of black individuals in the jury pool, unless there has been a showing of intentional or systematic discrimination.

     

    Facts.

    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.

     

    Issue.

    Whether there is a violation of the fair-cross-section requirement of the Jury Selection and Service Act and the equal protection guaranteed by the Fifth Amendment, despite the fact that there is an underrepresented number of black individuals in the jury pool, when a jury pool is selected from a voter lists.

     

     

    Held.

    No, there is not a violation of the fair-cross-section requirement of the Jury Selection and Service Act and the equal protection guaranteed by the Fifth Amendment, despite the fact that there is an underrepresented number of black individuals in the jury pool, when a jury pool is selected from a voter lists, unless there has been a showing of intentional or systematic discrimination.

     


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