C.B. v. Sonora School District, et al.

Filing 145

ORDER On 118 Motions In Limine Brought by Defendants City of Sonora, Chief of Police Mac McIntosh and Office Hal Prock, signed by Judge Oliver W. Wanger on 6/27/2011. (Gaumnitz, R)

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1 2 3 4 5 Cornelius J. Callahan, Esq. #202585 BORTON PETRINI, LLP 1104 12th Street Modesto, California 95354 Telephone: (209) 576-1701 Attorneys for Defendant, CITY OF SONORA, CHIEF OF POLICE MACE MCINTOSH and OFFICER HAL PROCK 6 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 9 10 11 C.B., a minor, Case No. 1:09-CV-00285-OWW-SMS Plaintiff 12 13 v. 14 ORDER ON MOTIONS IN LIMINE BROUGHT BY DEFENDANTS CITY OF SONORA, CHIEF OF POLICE MAC McINTOSH AND OFFICE HAL PROCK SONORA SCHOOL DISTRICT; KAREN SINCLAIR; CITY OF SONORA; CHIEF OF POLICE MACE MCINTOSH; OFFICER HAL PROCK; DOES 1-10, 15 DATE: July 6, 2011 DEPT: 3 JUDGE: Hon. Oliver W. Wanger 16 Defendants 17 18 19 20 21 22 Defendants’ Motions in Limine came on regularly for hearing by this Court on May 12, 2011, the Honorable Oliver W. Wanger presiding. The Court, having read the supporting and opposing papers, and having heard the arguments at the hearing, and good cause appearing, orders as follows: 23 IT IS HEREBY ORDERED that: 24 1. Defendants’ Motions in Limine Numbers 1 and 4 are WITHDRAWN. 25 2. Defendants’ Motions in Limine Numbers 2 and 3 are GRANTED. 26 3. Defendants’ Motions in Limine Number 7 is GRANTED IN PART and 27 DENIED IN PART. Chief McIntosh and Officer Prock’s P.O.S.T. training records are admissible 28 evidence as long as personally identifying information is redacted. No other personnel records or file G:\docs\RGaumnitz\Orders to be signed\09cv285.O.MIL.wpd 1 PROPOSED ORDER 1 will be admissible into evidence. 2 4. Defendants’ Motions in Limine Number 6 is GRANTED IN PART and 3 DENIED IN PART. Plaintiff will not seek to introduce into evidence any prior litigation or discipline 4 against defendants. Evidence and testimony as to other incidences of handcuffing of students at the 5 Sonora Elementary School is admissible. 6 5. Defendants’ Motions in Limine Number 5 in DENIED as to defendants’ 7 contention that Dr. Martinelli is unqualified. However, it is ORDERED that neither parties’ police 8 practices expert will improperly opine as to conclusions of law, conclusions of fact or credibility of 9 witnesses that usurp the role of the Court or the Jury and no Rule 26 reports will be admitted into 10 evidence. 11 12 IT IS SO ORDERED. 13 14 DATED: June 27, 2011 15 16 /s/ OLIVER W. WANGER United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 G:\docs\RGaumnitz\Orders to be signed\09cv285.O.MIL.wpd 2 PROPOSED ORDER

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