What is the test for bifurcation between evidence related to damages and evidence regarding Fourteenth Amendment claims?

MultiRegion, United States of America

The following excerpt is from Smith-Downs v. City of Stockton, No. 2:10-cv-02495-CKD (E.D. Cal. 2019):

The court finds bifurcation is appropriate in this matter. While the court is mindful that that there is some potential overlap between evidence related to damages and evidence regarding plaintiffs' Fourteenth Amendment claims, the nature of the facts of this case and the threat of potential prejudice to plaintiffs strongly cautions towards bifurcation. The threat of prejudice is particularly conspicuous when the evidence consists of the prior bad acts or criminal history of a decedent. See Estate of Diaz v. City of Anaheim, 840 F.3d 592, 601 (9th Cir. 2016).

Other Questions


Is there a valid Fourth Amendment, Fourteenth and Fourteenth Amendment claim? (MultiRegion, United States of America)
Can a plaintiff amend to add Fifth Amendment due process claims to add to the Fourteenth Amendment? (MultiRegion, United States of America)
Is there insufficient evidence to support plaintiff's Fourteenth Amendment claim? (MultiRegion, United States of America)
What is the legal test for a deliberate fabrication of evidence claim under the Fourteenth Amendment? (MultiRegion, United States of America)
What is the difference between evidence obtained as a result of a violation of the Fifth Amendment and that reliable evidence obtained under the Fourth Amendment? (MultiRegion, United States of America)
What is the burden of proving that there is no evidence of a hostile fire in a claim for damages under a policy that excludes from the general exclusion of damage caused by pollution? (MultiRegion, United States of America)
What are the implications of a federal district court's decision not to deny a Relator's claim for damages under the Relator Act? (MultiRegion, United States of America)
What is the effect of an order requiring a plaintiff to amend or amend a claim in a motion to amend? (MultiRegion, United States of America)
How have courts applied the Eighth Amendment to a claim made by a civil detainee under the Fourteenth Amendment? (MultiRegion, United States of America)
What is the effect of qualified immunity on Fourth Amendment and Fourteenth Amendment claims? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.