Potts v. Moreci et al
Filing
219
MEMORANDUM Opinion and Order. Plaintiff's motion to bar the expert testimony of Martin Horn 201 is granted. Signed by the Honorable Jorge L. Alonso on 9/29/2017. Notice mailed by judge's staff (ntf, )
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
REGINALD M. POTTS, Jr.,
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Plaintiff,
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No. 11 C 3952
v.
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Judge Jorge L. Alonso
JOHN MANOS, DANIEL SCHICKEL,
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ARTHUR RUSHING, THOMAS CINTRON,
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VICTOR THOMAS, HAZEL DERDEN,
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GILBERTO ROMERO, DANIEL MORECI,
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WILLIAM THOMAS, TERESA CALVIN,
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THOMAS DART, and COOK COUNTY,
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Defendants.
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______________________________________________________________________________
REGINALD M. POTTS, Jr.,
Plaintiff,
v.
DANIEL MORECI, MICHAEL MILLER,
VICTOR THOMAS, FRANK ARCE, HUGH
WALSH, COMMANDER SHEAHAN,
THOMAS CINTRON, HAZEL DERDEN,
DIEGO DIMARCO, ROBERT JEWELL,
and THOMAS DART, individually and as
SHERRIFF OF COOK COUNTY,
Defendants.
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No. 12 C 5310
Judge Jorge L. Alonso
MEMORANDUM OPINION AND ORDER
Plaintiff Reginald Potts, formerly a pretrial detainee at Cook County Jail, has brought the
above-captioned cases against Cook County, Cook County Sheriff Thomas Dart, and numerous
individuals employed by the Cook County Sheriff’s office as correctional officers at Cook
County Jail, asserting claims of violations of his constitutional rights pursuant to 42 U.S.C. §
1983.
Defendants have proffered the testimony of an expert witness, Martin Horn. In both
cases, plaintiff has filed identical motions to exclude Mr. Horn’s testimony. For the following
reasons, the motions are granted.
BACKGROUND
Plaintiff filed two cases against Cook County, Sheriff Dart, and various Cook County Jail
(“Jail”) correctional officers arising out of his pretrial detention in the Jail. In both cases, he
claims that defendants violated his constitutional rights, including by habitually using or
condoning the use of excessive force against him.
Potts v. Moreci, 12 C 5310
In Potts v. Moreci, No. 12 C 5310, plaintiff’s complaint contains six counts: Count I,
retaliation for filing grievances against Jail officers in the lawful exercise of First Amendment
Rights; Count II, violation of procedural due process rights; Count III, violation of equal
protection rights; Count IV, violation of Sixth Amendment right of access to the courts; Count V,
Cook County is liable for the deprivation of plaintiff’s constitutional rights pursuant to Monell v.
Department of Social Services of City of New York, 436 U.S. 658, 690-91 (1978), based on
Sheriff Dart’s knowledge and approval of plaintiff’s unconstitutional treatment; and Count VI,
indemnification of defendants by Cook County pursuant to state law.
Plaintiff was in pretrial detention in Cook County Jail from November 10, 2007 to March
9, 2016.
(Defs.’ LR 56.1 Stmt., ¶ 1, ECF No. 187.) He was initially placed in general
population, but in December 2007, plaintiff was placed in administrative segregation. (Id. ¶ 1516.) Plaintiff testified at his deposition in this case that he was never told why he was being put
in segregation, and neither side has pointed to evidence of any contemporaneous hearing at
which the matter was discussed and plaintiff was informed of the reasons for the decision. (See
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Defs.’ LR 56.1 Resp. to Pl.’s Stmt. of Add’l Facts, ¶ 1, ECF No. 214.). There were various
levels of segregation in Cook County Jail at that time, and the conditions of confinement varied
somewhat among levels, but there appears to be no dispute that plaintiff was detained in one
level of segregation or another, under conditions in which he was required to spend 23 hours per
day confined to his cell, during numerous, often lengthy stints adding up to approximately four
years. (See id., ¶¶ 3-4, Pl.’s LR 56.1 Resp. to Defs.’ LR 56.1 Stmt., ¶¶ 16, 19, ECF No. 198.)
During these stints in segregation, each inmate in plaintiff’s tier or “wing” was allowed out into
the dayroom—shackled, handcuffed, and alone—for only an hour per day (see Defs.’ LR 56.1
Resp., ¶ 3), when he was free to shower, watch television, or use the phone for personal calls.
Plaintiff filed numerous grievances concerning his conditions of confinement. (See id. ¶
5; Pl.’s LR 56.1 Resp. ¶ 20.) He claims that a number of the individual defendants—Daniel
Moreci, Michael Miller, Victor Thomas, Frank Arce, Hugh Walsh, Commander Sheahan,
Thomas Cintron, Hazel Derden, Diego DiMarco, and Robert Jewell (hereafter, “the individual
defendants”)—either filed or approved allegations of a multitude of disciplinary infractions
against plaintiff during his detention in the Jail. (See Defs.’ 56.1 Resp. ¶ 8; Pl.’s 56.1 Resp. ¶
30.) During his detention at the Jail, plaintiff incurred 151 disciplinary infractions, but in many
of these cases, it was his word against the defendants’, and he claims not to have actually
committed the underlying offense. (Pl.’s LR 56.1 Resp. ¶ 30.) Based on these disciplinary
infractions, the Jail authorities punished plaintiff in a variety of ways, especially by extending his
time in segregation. (See Defs.’ 56.1 Resp. ¶¶ 11-12; Pl.’s 56.1 Stmt. of Add’l Facts, Ex. 15,
ECF No. 199-15, at 106.) Plaintiff also claims that Jail authorities punished him by restricting
phone privileges and access to materials related to his various cases in litigation (Defs.’ 56.1
Resp., ¶¶ 13-16), and placing him at times on a diet consisting solely of “Nutraloaf,” a nutritious
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but unappetizing meatloaf-like food (id., ¶ 19). Additionally, plaintiff claims that defendants,
either personally or by approving or refusing to interfere with the actions of other officers,
restricted plaintiff’s access to mail and improperly read confidential materials sent to plaintiff in
the mail (id., ¶¶ 15-16); interfered with plaintiff’s discussions with his criminal defense attorneys
by monitoring or recording him (id. ¶ 14); placed plaintiff in a cell with plumbing issues without
correcting the plumbing problems (id., ¶ 27); lit plaintiff’s cell twenty-four hours per day, even at
night, or refused to move him from a cell with a broken light switch or otherwise fix the
electrical problem (Pl.’s 56.1 Resp., ¶¶ 43-45); and sprayed him with oleoresin capsicum (“OC”)
spray (i.e. pepper spray) even when he was not threatening harm to officers or other inmates
(Defs.’ 56.1 Resp., ¶ 17). Plaintiff claims that Sheriff Dart was personally aware of these issues,
but took no action. (Id., ¶¶ 24, 28-31.)
Potts v. Manos, 11 C 3952
In Potts v. Manos, 11 C 3952, plaintiff makes similar and overlapping allegations that Jail
officers habitually used excessive force against him. In Count I, he asserts a claim of excessive
force, and in Count II, he claims that Jail officers and supervisors failed to protect plaintiff from
the use of excessive force. Plaintiff also claims in Count III that Cook County is (a) liable for
these violations of constitutional rights under Monell, and in Count IV that Cook County is
required by Illinois law to indemnify the defendants for any judgment they become liable to pay
for conduct within the scope of their duties.
Plaintiff alleges that, on numerous occasions, Jail officers have used OC spray or other
excessive force against him. (Pl.’s LR 56.1 Stmt. of Add’l Facts, ¶ 1, ECF No. 191.) On some
occasions, Jail officers sprayed plaintiff with OC spray or otherwise used excessive force based
on their perception that plaintiff was not complying with their orders or commands, even if he
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was not behaving in a threatening manner. (See id., ¶¶ 8, 10, 13, 18.) Defendants Cintron and
William Thomas were among the supervisory officers tasked with reviewing uses of OC spray
by Jail officers on detainees such as plaintiff and assessing their reasonableness. (Id., ¶¶ 23, 28.)
According to plaintiff, Sheriff Dart was personally aware of these issues, but took no action.
(Id., ¶¶ 31-32, 34-35.)
On one occasion in particular, on May 27, 2009, defendant Calvin sprayed plaintiff with
OC spray because she judged that he was not complying with her command to rinse and exit the
shower. (See id., ¶¶ 10, 24.) Defendants Schickel and Manos arrived to transport plaintiff to the
infirmary to receive medical attention. (Id., ¶ 10.) Plaintiff had not rinsed the OC spray off, and
he refused to move when Schickel and other officers attempted to escort him to the infirmary.
(Id; Defs.’ LR 56.1 Stmt., ¶ 13, ECF No. 179.)
Officer Schickel dragged plaintiff for
approximately ten feet, before he and other officers picked him up and began to carry him to the
infirmary. (Defs.’ LR 56.1 Stmt., ¶¶ 15, 17.) Eventually, plaintiff decided he would walk on his
own. (Id., ¶ 17.)
Expert Martin Horn’s Opinions
Martin Horn has worked in the field of corrections since 1969, when he began as a parole
officer, and he has worked in numerous different positions since, including Secretary of
Corrections for the Commonwealth of Pennsylvania (the head of Pennsylvania’s prison system)
from 1995 to 2000, and Commissioner of the New York City Department of Correction (the head
of the city’s jail system) from 2002 to 2009. Since 2009, he has been a lecturer at the John Jay
College of Criminal Justice in New York.
According to his report, Mr. Horn has reviewed reports, records, and video recordings of
incidents in which officers used force against plaintiff or took disciplinary action against him
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during his confinement in the Jail, as well as relevant policies and procedures of Cook County
Jail. He proposes to testify that in those documents and records, he has found no evidence that
plaintiff was placed in segregation or otherwise disciplined for any improper or implausible
reason, nor has he found that the Jail’s written policies were unreasonable or that Jail officials
typically deviated from them. Further, he opines that plaintiff was a particularly difficult inmate
to manage, and his behavior warranted the treatment he received. In particular, Mr. Horn opines,
the conditions of plaintiff’s cell, the searches of his cell, the practice of videotaping him, and the
use of Nutraloaf as punishment all appeared to be reasonable and in line with recognized
standards, or the “community standard of practice.” (Horn Report at 6-8, Potts v. Moreci, Case
No. 12 C 5310, ECF No. 202-1.) Additionally, according to Mr. Horn, Jail officers did not use
OC spray or other force “without justification or disproportionately” in relation to the
circumstances. (Id. at 8-10.)
ANALYSIS
“The admission of expert testimony is governed by Federal Rule of Evidence 702 and
the principles outlined in Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993); see also
Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 147-49 (1999) (extending application of
Daubert factors to engineers and other non-scientific experts).” Bielskis v. Louisville Ladder,
Inc., 663 F.3d 887, 893 (7th Cir. 2011) (internal citations altered). Federal Rule of Evidence 702
provides as follows:
A witness who is qualified as an expert by knowledge, skill, experience, training,
or education may testify in the form of an opinion or otherwise if:
(a) the expert’s scientific, technical, or other specialized knowledge will help
the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of
the case.
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The rule imposes “three basic prerequisites.”
Weinstein’s Federal Evidence § 702.02[3].
“Under Federal Rule of Evidence 702 and Daubert, the district court must . . . determine whether
the witness is qualified; whether the expert’s methodology is scientifically reliable; and whether
the testimony will ‘assist the trier of fact to understand the evidence or to determine a fact in
issue.’” Myers v. Ill. Cent. R.R. Co., 629 F.3d 639, 644 (7th Cir. 2010) (quoting Ervin v.
Johnson & Johnson, Inc., 492 F.3d 901, 904 (7th Cir. 2007)).
In assessing reliability, the district court must ensure that the proffered expert testimony
is “well-grounded in methods and procedures” of the expert’s technical discipline. Chapman v.
Maytag Corp., 297 F.3d 682, 687 (7th Cir. 2002). Importantly, an expert opinion may be based
on “extensive and specialized experience,” rather than scientific data, if the expert “employs in
the courtroom the same level of intellectual rigor that characterizes the practice of an expert in
the relevant field.” Kumho Tire, 526 U.S. at 152-53; see also Metavante Corp. v. Emigrant Sav.
Bank, 619 F.3d 748, 761 (7th Cir. 2010) (“An expert’s testimony is not unreliable simply
because it is founded on his experience rather than on data; indeed, Rule 702 allows a witness to
be ‘qualified as an expert by knowledge, skill, experience, training, or education.’”).
“In addition, Federal Rule of Evidence 403 overlays all other evidentiary rules by stating
that a court may ‘exclude relevant evidence if its probative value is substantially outweighed by
the danger of . . . unfair prejudice, confusing the issues, [or] misleading the jury.’” Krik v. Exxon
Mobil Corp., No. 15-3112, 2017 WL 3768933, at *3 (7th Cir. Aug. 31, 2017) (quoting
Fed. R. Evid. 403). “The proponent of the expert”—here, defendants—“bears the burden of
demonstrating that the expert’s testimony” is admissible under the Daubert standard and the
Federal Rules of Evidence. Lewis v. CITGO Petroleum Corp., 561 F.3d 698, 705 (7th Cir. 2009)
Mr. Horn essentially proposes to testify that (i) Cook County’s policies on the use of
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force, inmate discipline, and related issues were not unreasonable, and (ii) Jail officers’ actions
against Mr. Potts were also not unreasonable in light of those policies and other circumstances.
According to plaintiff, any argument in favor of admitting Mr. Horn’s proposed testimony is
foreclosed by Thompson v. City of Chicago, 472 F.3d 444 (7th Cir. 2006). In Thompson, the
Seventh Circuit held that a municipality’s written policy on the proper use of force by its peace
officers is irrelevant to a constitutional claim that its officers used excessive force, which is
governed by an objective constitutional standard that the municipality’s own policies cannot alter
or illuminate. See id. at 453-55; see also Whren v. United States, 517 U.S. 806, 815 (1996)
(“[P]olice enforcement practices, even if they could be practicably assessed by a judge, vary
from place to place and from time to time. We cannot accept that [constitutional protections] are
so variable and can be made to turn upon such trivialities.”) (internal citations omitted).
Additionally, the Seventh Circuit explained in Thompson that it was within the district court’s
discretion under Federal Rule of Evidence 403 to bar expert witnesses from testifying that the
defendant officer’s use of force was not excessive under the circumstances, reasoning that such
testimony “bore a substantial risk of prejudice” and “would have been of little value” because
“[t]he jury . . . was in as good a position as the experts to judge whether the force used by the
officers . . . was objectively reasonable given the circumstances in this case.” Id. at 458.
The Seventh Circuit has recently cautioned that Thompson “should not be understood as
establishing a rule that evidence of police policy or procedure will never be relevant to the
objective-reasonableness inquiry” on an excessive force or other constitutional claim against a
law enforcement officer. See United States v. Brown, No. 16-1603, 2017 WL 3947160, at *4
(7th Cir. Sept. 8, 2017). True, expert testimony on law enforcement policies or procedures is
unlikely to be helpful to a jury tasked only with assessing whether a law enforcement officer’s
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use of force was reasonable because “jurors can understand the concept of reasonableness” on
their own, but in some cases “specialized knowledge of law-enforcement custom or training
would assist the jury in understanding the facts or resolving the contested issue.” Id. “[E]xpert
testimony is more likely to satisfy Federal Rule of Evidence 702’s requirement that it ‘assist the
trier of fact to understand the evidence or determine a fact in issue’ when something peculiar
about law enforcement (e.g., the tools they use or the circumstances they face) informs the issues
to be decided by the finder of fact.” Florek v. Vill. of Mundelein, Ill., 649 F.3d 594, 602 (7th Cir.
2011). For example, expert testimony may be useful in determining “whether it was reasonable
for police to use a canine officer (and its canines) in bringing a suspect to heel,” id. (citing Kopf
v. Skyrm, 993 F.2d 374 (4th Cir. 1993)), but not in determining whether “it would have been
unreasonable [for a law enforcement officer] to expect voluntary compliance with a knock at the
door in 15 seconds” because “everyday experience teaches people how long it takes to walk from
room to room,” Florek, 649 F.3d at 603, nor in determining whether it was reasonable for a
police officer to “hit a motionless man in the face with his fist and continue[] to beat and kick
him before placing him under arrest” because “[a]n expert’s explanation of the Chicago Police
Department’s Use of Force Model would have added nothing that the jurors could not ascertain
on their own by viewing the surveillance videotape and applying their everyday experience and
common sense,” Brown, 2017 WL 3947160, at *5.
Defendants have not demonstrated that Mr. Horn’s testimony will be helpful to the jury
or that this is a case where evidence of any Cook County policy will shed light on whether
defendants behaved unreasonably in a way that violated plaintiff’s constitutional rights. Mr.
Horn does not say anything about Cook County’s policies except, essentially, that he approves of
them, they tend to reflect generally recognized standards as he understands them, and the
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evidence he has seen tends to indicate that defendants behaved consistently with them. Neither
he nor defendants identify anything in Cook County’s policies and procedures that will help the
jury answer the key questions they will face in this case.
To be admissible, Mr. Horn’s testimony must, by way of a reliable, recognizably
professional or technical methodology, assist the jury in making factual determinations that
permit them to resolve issues such as whether the force defendants used or other actions they
took toward plaintiff were objectively unreasonable or excessive under the circumstances, or
unrelated to a legitimate government objective, see Kingsley v. Hendrickson, 135 S.
Ct. 2466, 2473-74 (2015), whether defendants acted or omitted to act with deliberate indifference
to plaintiff’s safety, see Grieveson v. Anderson, 538 F.3d 763, 775 (7th Cir. 2008), whether
supervisory defendants facilitated, approved, condoned, or turned a blind eye to violations of his
constitutional rights, T.E. v. Grindle, 599 F.3d 583, 588 (7th Cir. 2010), whether they
deliberately or without a rational basis treated plaintiff differently from other, similarly situated
inmates, see Crowley v. McKinney, 400 F.3d 965, 972 (7th Cir. 2005), whether they interfered
with plaintiff’s right to confer with his criminal defense counsel, Tucker v. Randall, 948 F.2d
388, 391 (7th Cir. 1991), or whether there was a widespread practice or custom of officer
misconduct that violated plaintiff’s constitutional rights during his detention at the Jail, see
Glisson v. Ind. Dep't of Corr., 849 F.3d 372, 379 (7th Cir. 2017). Just as in Thompson, the
standards the jury will have to apply to resolve these claims are derived not from Cook County’s
policies but from the Constitution, and the jury’s inquiry is essentially a fact-bound one into the
particular knowledge and intent of the defendants in taking particular actions or turning a blind
eye to them. The Court fails to see how Mr. Horn’s opinions on whether defendants were
following sound Cook County policy in their interactions with plaintiff will assist the jury in the
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factual determinations it is required to make. Plaintiff’s motion to exclude Mr. Horn’s testimony
will be granted as to these opinions.
The remainder of Mr. Horn’s report is devoted to his opinions, based on his review of
video or other records, of the reasonableness of the use of force by Jail officers in particular
incidents as well as the appropriateness and reasonableness of other actions or omissions of Jail
officers while plaintiff was in their custody. Defendants argue that the Seventh Circuit has
recognized (albeit in an unpublished, nonprecedential opinion) that expert testimony on proper
law enforcement practices, including proper uses of force, is potentially admissible.
See
Cacciola v. McFall, 561 F. App'x 535, 538 (7th Cir. 2014). But they fail to mention that the
court in Cacciola also distinguished between (a) expert testimony that is offered in hypothetical
terms to inform the jury of law enforcement use-of-force practices generally, which the court
recognized as “permissible,” and (b) expert testimony on “‘the proper actions of individual
officers in one discrete situation,’” id. (quoting Champion v. Outlook Nashville, Inc., 380 F.3d
893, 908 (6th Cir. 2004)), which is critically different. Mr. Horn is not offering the sort of
testimony that the Seventh Circuit approved in Cacciola; he is offering the kind it specifically
stated it was not approving, the kind in which experts opine on the proper actions of individual
officers in particular, discrete situations.
Defendants argue that Mr. Horn should be permitted to offer these opinions because he
has expertise on the administration of correctional institutions, and, according to defendants,
based on this expertise, his opinions will assist the jury in understanding defendants’ actions in
their full context, i.e., in light of “legitimate operational concerns” that required special
disciplinary and “administrative measures” to deal with an inmate who was, from defendants’
perspective, chronically and uniquely disruptive and unruly. See Rapier v. Harris, 172 F.3d 999,
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1003 (7th Cir. 1999) (citing Bell v. Wolfish, 441 U.S. 520, 540 (1979)). But the Court is not
persuaded that Mr. Horn’s expertise in the sound administration of correctional institutions
provides any basis for distinguishing this case from Thompson. Again, as in Thompson, the jury
will be required to apply standards set by the Constitution, not correctional institution
administrators, and the jury’s inquiry is essentially a fact-bound one into the particular
knowledge and intent of the defendants in taking or omitting to take particular actions. To the
extent the circumstances of any particular action or omission of defendants must be understood
in light of the government’s “legitimate interests that stem from its need to manage the facility in
which [plaintiff was] detained,” see Rapier, 172 F.3d at 1002-03, defendants themselves or other
appropriate fact witnesses will be able to provide the necessary context. Mr. Horn’s expert
testimony adds little, but it risks “induc[ing] the jurors to substitute their own independent
conclusions for [those] of” Mr. Horn, or in other words, “‘to decide the case on an improper
basis . . . rather than on the evidence presented . . . ,’ which is precisely why the evidence should
[be] excluded” under Rule 403. See Thompson, 472 F.3d at 458 (quoting United States v.
Connelly, 874 F.2d 412, 418-19 (7th Cir. 1989)); see also Brown, 2017 WL 3947160, at *5
(“[A]s the district judge concluded, the admission of [the expert’s] testimony may have induced
the jurors to defer to his conclusion rather than drawing their own.”).
Additionally, the Court agrees with plaintiff that even if there is some basis for admitting
Mr. Horn’s proposed testimony in his expertise in the administration of correctional institutions,
the Court must bar his testimony because he has not expressed how his expertise leads to his
conclusions. See Zenith Elecs. Corp. v. WH-TV Broad. Corp., 395 F.3d 416, 419 (7th Cir. 2005)
(“A witness who invokes ‘my expertise’ rather than . . . explain how his conclusions met [Rule
702’s] requirements . . . [is] not entitled to give expert testimony.”) A witness who offers expert
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testimony based on his experience must connect his experience to the facts of the case in order to
meet the standard for reliability under Daubert and the Federal Rules of Evidence. See Crawford
Supply Grp., Inc. v. Bank of Am., N.A., No. 09-CV-2513, 2011 WL 4840965, at *3 (N.D. Ill. Oct.
12, 2011) (rejecting expert’s proposed testimony based on his prior experience because “he never
draws explicit connections between specific incidences or lessons from his professional history
and the [facts of the case]”); Fed. R. Evid. 702, Advisory Comm. Notes (“If the witness is
relying solely or primarily on experience, then the witness must explain how that experience
leads to the conclusion reached, why that experience is a sufficient basis for the opinion, and
how that experience is reliably applied to the facts.”). In his report and at his deposition, Mr.
Horn did not adequately explain how he reached his conclusions that particular policies and
actions of Cook County and Jail officers were reasonable and not excessive, other than to cite his
experience.
Rule 702 requires an expert to “explain the ‘methodologies and principles’ that support
his opinion; he cannot simply assert a ‘bottom line.’” See Metavante, 619 F.3d at 761 (quoting
Minix v. Canarecci, 597 F.3d 824, 835 (7th Cir. 2010) (“Given [the expert’s] failure to explain
his methodology, the district court could conclude that the report offered nothing of value to the
judicial process.”) (internal quotation marks omitted)); see also United States v. Noel, 581 F.3d
490, 497 (7th Cir. 2009) (rejecting expert testimony where expert “in essence, told the jury
nothing more than, ‘I am familiar with the definition of child pornography, and this meets that
definition because I said so.’”). Mr. Horn proposes to testify that none of the evidence he has
seen shows that defendants used excessive force or otherwise acted unreasonably toward
plaintiff, without explaining how he reached his conclusion that defendants behaved reasonably.
In other words, he is merely asserting a bottom line. See Metavante, 619 F.3d at 761; Zenith,
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395 F.3d at 419. His opinions are pure ipse dixit, or say-so, and he will not be permitted to offer
them at trial.
CONCLUSION
For the reasons set forth above, plaintiff’s motions to bar the expert testimony of Martin
Horn [Potts v. Moreci, Case No. 12 C 5310, ECF No. 201], [Potts v. Manos, Case No. 11 C
3952, ECF No. 182] are granted in both of the above-captioned cases.
SO ORDERED.
ENTERED: September 29, 2017
______________________
HON. JORGE ALONSO
United States District Judge
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