Floyd v. Garrison

996 F.2d 947 (8th Cir. 1993)

Facts

P, a black, brought this civil rights action alleging officer Garrison (D), a white, used unreasonable and unlawful deadly force by shooting and killing Jason L.C. Floyd. The jury pool was selected from voter registration files. P took one look at the pool and asked that it be dissolved because there was only one black in a pool of 40. The motion was denied. D got the verdict, P moved for a new trial on that basis and was denied. P appealed in that using registered voters for a jury pool violated the Jury Selection and Service Act of 1968 and the Fifth Amendment guarantee of equal protection.