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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Cornelius J. Callahan, Esq. #202585
BORTON PETRINI, LLP
1104 12th Street
Modesto, California 95354
Telephone: [phone]
Attorneys for Defendant,
CITY OF SONORA, CHIEF OF POLICE
MACE MCINTOSH and OFFICER HAL PROCK

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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION
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C.B., a minor,

Case No. 1:09-CV-00285-OWW-SMS
Plaintiff

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v.

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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,

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DATE: July 6, 2011
DEPT: 3
JUDGE: Hon. Oliver W. Wanger

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Defendants
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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:

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IT IS HEREBY ORDERED that:

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1.

Defendants’ Motions in Limine Numbers 1 and 4 are WITHDRAWN.

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2.

Defendants’ Motions in Limine Numbers 2 and 3 are GRANTED.

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3.

Defendants’ Motions in Limine Number 7 is GRANTED IN PART and

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DENIED IN PART. Chief McIntosh and Officer Prock’s P.O.S.T. training records are admissible

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evidence as long as personally identifying information is redacted. No other personnel records or file

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PROPOSED ORDER

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will be admissible into evidence.

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4.

Defendants’ Motions in Limine Number 6 is GRANTED IN PART and

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DENIED IN PART. Plaintiff will not seek to introduce into evidence any prior litigation or discipline

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against defendants. Evidence and testimony as to other incidences of handcuffing of students at the

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Sonora Elementary School is admissible.

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5.

Defendants’ Motions in Limine Number 5 in DENIED as to defendants’

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contention that Dr. Martinelli is unqualified. However, it is ORDERED that neither parties’ police

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practices expert will improperly opine as to conclusions of law, conclusions of fact or credibility of

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witnesses that usurp the role of the Court or the Jury and no Rule 26 reports will be admitted into

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evidence.

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IT IS SO ORDERED.

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DATED: June 27, 2011
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/s/ OLIVER W. WANGER
United States District Judge

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G:\docs\RGaumnitz\Orders to
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PROPOSED ORDER