HAYES v. CITY OF INDIANAPOLIS et al

Filing 116

ENTRY and ORDER from Final Pretrial Conference held on 7/16/2010 before Judge Larry J. McKinney: The conference was held and concluded. Plaintiff's 97 Motion in Limine is GRANTED as to numbered paragraphs 1-4, 6-11, and DENIED as to numbered paragraphs 5 and 12; Defendants' 101 Motion in Limine is GRANTED as to numbered paragraphs 1, 4-9, 11-14; DENIED as to numbered paragraphs 2 and 10; and TAKEN UNDER ADVISEMENT as to numbered paragraph 3. The Court will hear argument on the sta tements contained in Plaintiffs medical records the first day of trial. Plaintiff's Objection to Defendants' Expert Disclosures is SUSTAINED in part and OVERRULED in part. Defendants' Objection to Steven Poore is SUSTAINED. The Cour t will hear the parties' objections to the Draft Preliminary Instruction, if any, the first morning of trial. (See order for specific details). Signed by Judge Larry J. McKinney. (Court Reporter Jean Knepley.) (Attachments: # 1 Draft Preliminary Instruction, # 2 Draft Jury Instructions)(REO)

HAYES v. CITY OF INDIANAPOLIS et al

Doc. 116 Att. 1

HAYES v. MAYER 1:08-cv-0006-LJM-DML DRAFT PRELIMINARY INSTRUCTION Plaintiff, Phillip Hayes, has brought this law suit alleging that defendants, Officers Christopher Maher, Frank Vanek, and Craig Anderson, violated his constitutional right to be free from unreasonable seizure. Mr. Hayes has brought his claim under a federal statute, 42 U.S.C. § 1983, which provides that any individual may seek redress in this Court, by way of money damages, against any person who, under color of state law, deprives that individual of any of his constitutional rights.

Mr. Hayes' federal civil rights claim is based upon the principle that the United States Constitution guarantees that every person shall be free from unreasonable seizures. The Fourth Amendment to the United States Constitution provides, in pertinent part: The right of the people to be secure in their persons . . . against unreasonable . . . seizures, shall not be violated, . . . . Plaintiff, Mr. Hayes, claims that the Defendants violated his Fourth Amendment rights by using unreasonable force against Mr. Hayes during Mr. Hayes' arrest.

The Defendants, Officers Christopher Maher, Frank Vanek, and Craig Anderson, deny that they used unreasonable force against Mr. Hayes during Mr. Hayes' arrest.

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