Barnett v. Norman, et al.

Filing 375

ORDER signed by Magistrate Judge Barbara A. McAuliffe on 12/21/2015 granting 356 Motion in Limine requesting production of Video Tape for Trial. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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v.

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TROAS V. BARNETT,

MARTIN GAMBOA, et al.,
Defendants.

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Case No.: 1:05-cv-01022-BAM (PC)
ORDER GRANTING PLAINTIFF’S MOTION IN
LIMINE REQUESTING PRODUCTION OF VIDEO
TAPE FOR TRIAL
(ECF No. 356)

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Plaintiff Troas Barnett (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. The parties have consented to magistrate judge

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jurisdiction. (Plaintiff’s consent, ECF No. 9; Defendants’ consent, ECF No. 62.) This action proceeds

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on Plaintiff’s claims that Defendants Gamboa, Duran, and Torres used excessive physical force

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against him in violation of his rights under the Eighth Amendment of the United States Constitution

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and that Defendant Torres failed to intervene to protect Plaintiff from harm in violation of his rights

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under the Eighth Amendment. A jury trial is set to commence in this matter on February 23, 2016.
On November 23, 2015, Plaintiff filed a motion in limine regarding a six-minute November 4,

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2003 videotape of the emergency room at C.S.A.T.F. (ECF No. 356.) At the December 17, 2015

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hearing in this matter, the parties also discussed a videotape that shows Plaintiff being housed at a new

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institution after the incidents at issue in this trial. Defense counsel represented that she would produce

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both videotapes on the morning of trial. No determination was yet made regarding the admissibility

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into evidence of either videotape.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion in limine requesting the

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production of a November 4, 2003 videotape of him at the emergency room, (ECF No. 356), is

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GRANTED. Defense counsel shall produce both videotapes discussed at the December 17, 2015

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hearing at trial.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 21, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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