Jackson v. Yates et al
Filing
199
ORDER GRANTING MOTION IN LIMINE 1, 3-6 and DENYING MOTION IN LIMINE 2 as to 172 Motion in Limine, signed by Magistrate Judge Barbara A. McAuliffe on 11/13/2015. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CURTIS RENEE JACKSON,
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Plaintiff,
v.
J. MENDEZ, et al.,
Defendants.
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Case No.: 1:11-cv-00080-BAM (PC)
ORDER GRANTING DEFENDANTS’ MOTION
IN LIMINE #1
ORDER DENYING DEFENDANTS’ MOTION IN
LIMINE #2
ORDER GRANTING DEFENDANTS’ MOTION
IN LIMINE #3
ORDER GRANTING DEFENDANTS’ MOTION
IN LIMINE #4
ORDER GRANTING DEFENDANTS’ MOTION
IN LIMINE #5
ORDER GRANTING DEFENDANTS’ MOTION
IN LIMINE #6
(ECF No. 172)
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Plaintiff Curtis Renee Jackson (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The parties have consented to
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magistrate judge jurisdiction in this case. (ECF No. 117.) This matter proceeds to trial on claims
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against Defendant J. Mendez for use of excessive force in violation of the Eighth Amendment and
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against Defendants C. Samonte, S. Daley, C. Nichols, N. Gonzales and F. Valdez for failure to
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intervene. A jury trial is confirmed for December 1, 2015 at 8:30 a.m. in Courtroom 8 (BAM).
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On July 24, 2015, Defendants filed six motions in limine in a joint filing. (ECF No. 172.)
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Plaintiff did not file any written opposition, and the motions were deemed submitted when the time for
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filing any opposition expired. Local Rule 230(l). The motions were heard before the Honorable
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Barbara A. McAuliffe on November 13, 2015. Plaintiff appeared telephonically on his own behalf.
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Timothy Howard Delgado, of the California Attorney General’s Office, appeared telephonically on
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behalf of Defendants.
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I.
Defendants’ Motions in Limine
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A.
Standard
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A party may use a motion in limine to exclude inadmissible or prejudicial evidence before it is
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actually introduced at trial. See Luce v. United States, 469 U.S. 38, 40 n. 2, 105 S.Ct. 460, 83 L.Ed.2d
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443 (1984). “[A] motion in limine is an important tool available to the trial judge to ensure the
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expeditious and evenhanded management of the trial proceedings.” Jonasson v. Lutheran Child and
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Family Services, 115 F.3d 436,440 (7th Cir. 1997). A motion in limine allows the parties to resolve
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evidentiary disputes before trial and avoids potentially prejudicial evidence being presented in front of
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the jury, thereby relieving the trial judge from the formidable task of neutralizing the taint of
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prejudicial evidence. Brodit v. Cambra, 350 F.3d 985, 1004–05 (9th Cir. 2003).
Motions in limine that exclude broad categories of evidence are disfavored and such issues are
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better dealt with during trial as the admissibility of evidence arises. See, e.g., Brown v. Kavanaugh,
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No. 1:08–CV–01764–LJO, 2013 WL 1124301, at *2 (E.D. Cal. Mar. 18, 2013) (citing Sperberg v.
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Goodyear Tire & Rubber Co., 519 F.2d 708, 712 (6th Cir. 1975). Additionally, some evidentiary
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issues are not accurately and efficiently evaluated by the trial judge in a motion in limine, and it is
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necessary to defer ruling until during trial when the trial judge can better estimate the impact of the
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evidence on the jury. Jonasson, 115 F.3d at 440.
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B.
Analysis
1.
Motion in Limine # 1 to Limit Plaintiff’s Testimony
First, Defendants move to preclude Plaintiff from testifying about any opinions, inferences, or
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diagnoses about the nature, extent, or causation of his alleged injuries, including any opinions or
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inferences from any medical records. (ECF No. 172, pp. 1-2.) They assert that any such testimony
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would be improper opinion evidence pursuant to Federal Rules of Evidence 701 and 702.
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“If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one
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that is: (a) rationally based on the witness’s perception; (b) helpful to clearly understanding the
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witness’s testimony or determining a fact in issue; and (c) not based on scientific, technical, or other
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specialized knowledge within the scope of Rule 702.” Fed. R. Evid. 701. As a non-expert witness,
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Plaintiff may testify as to matters in his personal experience, including what happened to him, what he
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saw, how he felt, and any issues or feelings he has experienced, such as pain, relating to his medical
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needs or condition. However, he may not testify as to any medical matter which requires scientific,
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technical, or other specialized knowledge. This generally includes any diagnosis, cause and effect
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relationship, and/or interpretation of medical records. Fed. R. Evid. 701; see also Johnson v.
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Dunnahoe, 2013 WL 793220, *1-2 (E.D. Cal. Mar. 4, 2013) (granting motion in limine precluding
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testimony by prisoner on matters within the purview of a medical expert). Therefore, Defendants’ first
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motion in limine is granted, with the caveat explained above.
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2.
Motion in Limine # 2 to Limit Testimony About Dismissed Claims
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Earlier in this matter, the Court ruled that Defendant Mendez was entitled to summary
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judgment on Plaintiff’s claim that Defendant Mendez used excessive force by handcuffing him at his
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housing unit before escorting him to the Facility-C medical clinic. (ECF No. 143). In consequence of
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this ruling, Defendants seek a limiting instruction barring Plaintiff from referring to or introducing any
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evidence related to that dismissed claim, arguing that it is irrelevant and could prejudice the jury. (ECF
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No. 172, p. 3 (citing Fed. R. Evid. 401, 402).)
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Defendants’ second motion in limine is denied. Although Plaintiff’s claims now only concern
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his allegations regarding the events in the medical clinic, he shall not be precluded from offering
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relevant evidence regarding how he arrived at the clinic or other background matters. This evidence is
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likely to be limited, but may provide context. The Court finds no harm or prejudice caused by Plaintiff
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presenting this evidence to the jury, as the jury instructions and verdict forms in this matter will
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specifically reflect that the only claims at issue in this case concern the events in the medical clinic.
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Fed. R. Evid. 403.
3.
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Motion in Limine # 3 to Exclude Evidence of Other Lawsuits
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In their third motion in limine, Defendants move to exclude any testimony about other lawsuits
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in which they, or other officials employed by the CDCR, are named as defendants. (ECF No. 172, p.
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3.) Defendants also ask that Plaintiff and any of his witnesses be precluded from testifying about or
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inferring that Defendants are currently a party to any lawsuit, or that they have been in the past. (Id.)
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Defendants contend that this testimony is not relevant and is therefore inadmissible. Fed. R. Evid. 401,
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402. Defendants further contend that even if this testimony is relevant, it would improperly confuse
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the jury and its probative value, if any, is substantially outweighed by the danger of unfair prejudice.
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Fed. R. Evid. 403. In a related argument, Defendants also contend that if Plaintiff seeks to introduce
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evidence of conduct allegedly underlying any other lawsuits, this is an inadmissible attempt to
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establish their character by referring to prior or subsequent conduct. Fed. R. Evid. 404(b)(1)
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(“Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to
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show that on a particular occasion the person acted in accordance with the character.”); see also Gates
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v. Rivera, 993 F.2d 697, 700 (9th Cir. 1993) (character evidence is normally not admissible in a civil
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rights case, as past or future conduct does not bear on whether force used was excessive in a particular
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instance).
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To the extent Plaintiff intends to offer evidence that these Defendants or other CDCR officials
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have been sued, such evidence is of no consequence in determining whether or not Defendants used
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excessive force in this instance. Fed. R. Evid. 401(b). Given the lack of relevance, general evidence
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regarding lawsuits is not permitted. Furthermore, evidence of a crime, wrong, or other act is not
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admissible to prove a person’s character in order to show that on a particular occasion the person acted
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in accordance with the character. Fed. R. Evid. 404(b)(1). Thus, to the extent Defendants move to
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preclude Plaintiff from presenting general evidence of other lawsuits, or from introducing evidence of
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alleged prior bad acts or conduct to demonstrate that Defendants acted in conformity with their
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character, the third motion in limine is granted.
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Motion in Limine # 4 to Limit Questions About Defendants’ Personnel
Matters, Prior Job Performance Complaints, or Prior Disciplinary Issues
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Next, Defendants ask the Court to preclude Plaintiff from questioning them about any matters
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contained in their personnel records, including information of a personal nature and information
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concerning any disciplinary actions or complaints filed against them. Among other things, Defendants
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contend that any disciplinary actions or prisoner complaints against them are irrelevant to this case.
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Fed. R. Evid. 401.
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As with the evidence concerning other lawsuits, evidence about any of Defendants’ personnel
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matters, prior job performance complaints, or prior disciplinary issues is irrelevant to the matters at
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issue in this case. Also, the introduction of this evidence presents the risk that it will be used as
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improper character evidence. In fact, in arguing at the hearing on these motions that this evidence has
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relevance, Plaintiff stated that he intended to use this evidence to show certain Defendants have acted
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in accordance with a “pattern” of behavior involving the use of excessive force, based on unrelated
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events concerning people who are not involved in this lawsuit. Any attempt to introduce evidence of
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alleged prior bad acts or conduct to demonstrate that any of the Defendants acted in conformity with
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their character is barred. Fed. R. Evid. 404(b)(1). As a result, Defendants’ fourth motion in limine is
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granted.
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5.
Motion in Limine #5 to
Exclude Evidence About the “Code of Silence” or “Green Wall”
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In their fifth motion in limine, Defendants seek to exclude all arguments, evidence, and
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testimony regarding the “Code of Silence” and the “Green Wall,” which allegedly precludes
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correctional officers from speaking out about wrongful acts of other correctional officers and which
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obligates them to lie about or cover-up wrongdoing. (ECF No. 172, pp. 5-6.) Defendants argue that
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these terms concern issues which are irrelevant, overly prejudicial, and would be an undue
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consumption of time, as there is no evidence connecting these terms to any of the Defendants in this
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case. Fed.R.Evid. 401–403, 404(b).
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The case concerns the alleged use of excessive force by one officer, and the alleged failure by
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another officer and medical staff who witnessed the use of force to intervene or treat Plaintiff’s
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resulting injuries. Evidence concerning a conspiracy by officers to cover up the actions of other
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officers is irrelevant as it has no bearing on the issues in this case, and development of this collateral
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issue would both consume an undue amount of time and confuse and mislead the jury as to the issues
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to be decided. Fed.R.Evid. 403.
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Plaintiff argued at the hearing that he should be allowed to refer to the “Code of Silence” to
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show that each of the other Defendants saw the conduct of Defendant Mendez and failed or refused to
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report it. Plaintiff is not precluded from questioning any witness about the events at issue, what they
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observed, and what they reported, if anything, or from attempting to draw out any inconsistencies or
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other matters of credibility as regards the events at issue in this case. However, he may not argue as to
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any broad conspiracy involving correctional officers, and may not use the terms “Code of Silence” or
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“Green Wall” in making any arguments, as these issues are irrelevant to this case. Defendants’ fifth
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motion in limine is granted.
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Motion in Limine No. 6 to Limit Testimony About Settlement Discussions
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Finally, Defendants seek to preclude evidence or testimony regarding any settlement
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discussions. (ECF No. 172, p. 6.) Subject to exceptions which are not relevant here, evidence of
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settlement negotiations to either prove or disprove the validity or amount of a disputed claim is
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prohibited by Federal Rule of Evidence 408. Fed. R. Evid. 408; see also Green v. Baca, 226 F.R.D.
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624, 640 (C.D. Cal. 2005). Thus, Defendants’ sixth motion in limine is granted.
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II.
Conclusion and Order
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For the foregoing reasons, it is HEREBY ORDERED that:
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1.
Defendants’ motion in limine #1 to preclude Plaintiff from testifying about any
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opinions, inferences, or diagnoses about the nature, extent, or causation of his alleged injuries,
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including any opinions or inferences from any medical records is GRANTED, with the caveat that
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Plaintiff may testify as to matters in his personal experience, including what happened to him, what he
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saw, how he felt, and any issues or feelings he has experienced, such as pain, relating to his medical
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needs or condition;
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2.
Defendants’ motion in limine # 2 to bar Plaintiff from referring to or introducing any
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evidence related to dismissed claim against Defendant Mendez is DENIED;
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Defendants’ motion in limine #3 to exclude any testimony about other lawsuits in
which they, or other officials employed by the CDCR, are named as defendants is GRANTED;
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Defendants’ motion in limine #4 to preclude Plaintiff from questioning them about any
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matters contained in their personnel records, including information of a personal nature and
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information concerning any disciplinary actions or complaints filed against them is GRANTED;
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5.
Defendants’ motion in limine #5 to exclude all arguments, evidence, and testimony
regarding the “Code of Silence” and the “Green Wall” is GRANTED; and
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Defendants’ motion in limine #6 to preclude evidence or testimony regarding any
settlement discussions is GRANTED.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
November 13, 2015
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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