Hammons v. Unified Government of Wyandotte County and Kansas City, Kansas et al

Filing 120

ORDER adopting joint stipulation to exclude evidence and arguments at trial. Signed by Magistrate Judge James P. O'Hara on 6/19/2014. (ah)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF KANSAS
PATRICK E. CALLAHAN,

)
)
v.
)
)
UNIFIED GOVERNMENT OF WYANDOTTE
)
COUNTY/KANSAS CITY, KANSAS, et al.,
)
Defendants
)
________________________________________ )
)
MARK GAMBRILL, et al.,
)
Plaintiffs,
)
v.
)
)
UNIFIED GOVERNMENT OF WYANDOTTE
)
COUNTY/KANSAS CITY, KANSAS, et al.,
)
Defendants
)
_________________________________________ )
)
JASON PITTMAN,
)
Plaintiff,
)
v.
)
)
UNIFIED GOVERNMENT OF WYANDOTTE
)
COUNTY/KANSAS CITY, KANSAS, et al.,
)
Defendants
)
________________________________________ )
)
SCOTT A. HAMMONS,
)
Plaintiff,
)
v.
)
)
UNIFIED GOVERNMENT OF WYANDOTTE
)
COUNTY/KANSAS CITY, KANSAS, et al.,
)
Defendants
)
Plaintiff,

Case No. 11-2621-KHV

Case No. 11-2699-KHV

Case No. 12-2010-KHV

Case No. 12-2028-KHV

ORDER ADOPTING JOINT STIPULATION TO EXCLUDE EVIDENCE
AND ARGUMENTS AT TRIAL
These matters come before the Court upon the parties’ Joint Stipulation to Exclude
Evidence and Arguments at Trial. Having reviewed the Stipulation, and for good cause shown,

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the Court finds that the parties, their counsel, and all witnesses, shall be prohibited at the trial of
the above-captioned matters from offering, making reference to, commenting upon, introducing
testimony, evidence or documents regarding or presenting any argument pertaining to:
1.

Any physical injuries or resultant physical pain associated with such injuries

incurred by any of the Plaintiffs. The parties agree that Plaintiffs are not seeking recovery for any
physical injuries, which are governed by their workers’ compensation cases and the exclusive
remedy rule. The parties further agree that to allow such testimony may result in double recovery
in the workers compensation case and through an award of damages in these cases.
2.

Any physical injury or physical pain incurred as a result of being handcuffed

which is the subject of a workers compensation claim for Plaintiffs Trung Hoang, Michael Mills
and Scott Hammons.
3.

All evidence pertaining to Plaintiffs’ workers’ compensation claims made by

Plaintiffs Trung Hoang, Michael Mills and Scott Hammons in relation to the physical injuries
they allege to have suffered on January 4, 2011. This includes all evidence pertaining to the
existence of claims and not merely the settlement of claims. The parties agree that this evidence
is barred by the collateral source rule.
4.

Any reference to the Rodney King incident or to a former KCKPD officer’s

involvement in the Rodney King incident.
5.

Any reference to a Confederate flag that may have been stolen and posted in the

SCORE office.
6.

Any evidence relating to rumors of any intimate relationship between Rick

Armstrong and Kelly Peterson.

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7.

Any reference to the events surrounding the administration of the Cooper test to

Plaintiff Trung Hoang. The parties agree that Plaintiff Hoang is not seeking recovery for any
physical injuries.
8.

All evidence pertaining to prior legal actions in which any of the Plaintiffs or

Defendants were a party, including bankruptcies and legal actions in which the subject of such
litigation was divorce, child support, child custody or severance of parental rights.

This

prohibition is limited to official legal proceedings.
9.

Any reference to Settlements or Offers of Settlement or Compromise.

10.

Any reference to the filing of Defendants’ Motion in Limine suggesting or

inferring that Defendants have moved to prohibit proof or that the Court has excluded proof of
any particular matter. This does not preclude Plaintiffs’ right to object to any evidence that was
the subject of the Motion in Limine.
IT IS SO ORDERED.
Dated June 19, 2014, at Kansas City, Kansas.

s/ James P. O’Hara
James P. O’Hara
Chief Magistrate Judge

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