Marrero v. Hartford et al

Filing 49

ORDER granting in part and denying in part 43 Motion to Preclude. Signed by Judge Warren W. Eginton on 1/25/17. (Ladd-Smith, I.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
MARIA MARRERO, Administratrix for the
Estate of Ernesto Morales,
Plaintiff,
v.
CITY OF HARTFORD, et al.,
Defendants.

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3:14-cv-00831-WWE

MEMORANDUM OF DECISION ON PLAINTIFF’S MOTION TO PRECLUDE
THE EXPERT REPORT OF DANIEL WICKS
Plaintiff has moved to preclude the report and testimony of Daniel Wicks, defendants’
expert on police practices. The Court, having reviewed and considered plaintiff’s motion,
defendants’ response, and Mr. Wicks’ report, finds as follows:
Mr. Wicks will not be permitted to opine about case law, use of force standards under the
Fourth Amendment, or legal conclusions to be drawn from the facts of this case. Nor will Mr.
Wicks be permitted to reference his report, which does all of the above. Such testimony would
invade the province of the Court and the jury. U.S. v. Bilzerian, 926 F.2d 1285, 1294 (2d Cir.
1991) (“As a general rule an expert's testimony on issues of law is inadmissible.”). However,
Mr. Wicks may testify more generally and plaintiff may cross examine him about Hartford
Police’ training and procedures on issues such as “the less lethal policy,” de-escalation,
defensive tactics, reporting requirements on all use of force encounters, providing medical
attention, supervisory review, investigations, etc.
SO ORDERED this 25th day of January, 2017, at Bridgeport, Connecticut.

/s/Warren W. Eginton
WARREN W. EGINTON
SENIOR UNITED STATES DISTRICT JUDGE