The Police defendants moved to strike the plaintiffs' jury notice on the grounds that it was served after pleadings closed and that justice would be better served by a trial without a jury.
The court found that the pleadings had been re-opened for all purposes following amendments, making the jury notice timely.
However, the court struck the jury notice because the presence of multiple self-represented litigants, highly charged allegations, and complex causes of action made a jury trial impractical and risked a mistrial.
Costs of $7,000 were awarded to the successful Police defendants.
