Jellis v. Harrington et al

Filing 280

ORDER granting in part and denying in part 264 Motion in Limine; granting in part and denying in part 266 Motion in Limine. The parties shall carefully review the attached Order and shall be prepared to present argument, as directed therein, at the final pretrial conference. Signed by Magistrate Judge Gilbert C. Sison on 10/27/2019. (kll)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
JERRY JELLIS,
Plaintiff,
vs.
LARRY HALE,
DONALD LINDENBERG, and
AIMEE LANG
Defendants.

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Case No. 3:15-cv-630-GCS

ORDER
SISON, Magistrate Judge:
Before the Court are motions in limine filed by Plaintiff Jerry Jellis (Doc. 264) and
by Defendants Larry Hale, Donald Lindenberg, and Aimee Lang (Doc. 266). Having
reviewed the positions of the parties, the Court rules as follows, using the numbering
listed in each party’s motion:
1. Plaintiff’s I seeking to exclude evidence relating to Plaintiff’s arrests, convictions
and prior bad acts: The Court RESERVES RULING and will hear argument by
the parties at the final pretrial conference.
2. Plaintiff’s II seeking to exclude references to any of Plaintiff’s disciplinary history
unrelated to the claims in this action: GRANTED.
3. Plaintiff’s III seeking to bar reference to grievances submitted by Plaintiff that are
not at issue in this case: The Court RESERVES RULING and will hear argument
by the parties at the final pretrial conference.
4. Plaintiff’s IV seeking to bar all expert opinion testimony regarding Plaintiff’s
medical condition or causation: GRANTED.
5. Plaintiff’s V seeking to bar any reference to the dismissal of previously named
Defendants: GRANTED.
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6. Plaintiff’s VI seeking to bar any reference regarding juror’s pecuniary interests as
taxpayers: GRANTED.
7. Plaintiff’s VII seeking the exclusion of non-party witnesses from the courtroom:
GRANTED.
8. Plaintiff’s VIII seeking exclusion of any testimony from Defendants that is
inconsistent with their undisputed material facts submitted in support of their
motion for summary judgment: DENIED.
9. Defendants’ I seeking to prohibit Plaintiff from offering evidence or testimony
suggesting that the State of Illinois may indemnify Defendants: GRANTED.
10. Defendants’ II seeking to prohibit Plaintiff from offering evidence or testimony of
other lawsuits involving Defendants: GRANTED.
11. Defendants III seeking to prohibit Plaintiff from offering evidence or testimony
of any misconduct, reprimand, or grievance issued against Defendants:
GRANTED, but, to the extent the prior misconduct, reprimand, and/or grievance
involves Defendants’ conduct towards Plaintiff, the Court will consider admitting
the evidence at trial.
12. Defendants’ IV seeking to prohibit Plaintiff from offering evidence or testimony
referencing any “Golden Rule” appeal: GRANTED.
13. Defendants’ V seeking to prohibit Plaintiff from offering evidence or testimony
referencing the Illinois Administrative Code, Illinois Department of Corrections
Administrative Directives, and/or Illinois Department of Corrections Policies and
Procedures: The Court RESERVES RULING and will hear argument by the
parties at the final pretrial conference.
14. Defendants’ VI seeking to prohibit Plaintiff and his witnesses from testifying
regarding the causation of any medical or mental health condition: GRANTED
but Plaintiff can testify as to his own personal observations and experiences about
his medical and mental health conditions. Other lay witnesses likewise may testify
about what they observed of Plaintiff.
15. Defendants’ VII seeking to bar Plaintiff from offering inadmissible hearsay
statements of any medical or mental health conditions: GRANTED.
16. Defendants’ VIII barring Dr. John Coe from offering expert testimony:
GRANTED.

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17. Defendants’ IX barring Plaintiff and his attorney from making reference to video
cameras or video surveillance that may not have been preserved: The Court
RESERVES RULING and will hear argument by the parties at the final pretrial
conference.

Digitally signed
by Judge Sison
Date:
2019.10.27
06:45:18 -05'00'
______________________________

IT IS SO ORDERED.
Dated: October 27, 2019.

GILBERT C. SISON
United States Magistrate Judge

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