Smart et al v. City of Wichita, Kansas et al

Filing 257

ORDER in limine. Signed by Magistrate Judge James P. O'Hara on 11/3/2020. (amh)

Case 2:14-cv-02111-JPO Document 257 Filed 11/03/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
THE ESTATE OF MARQUEZ SMART
BY RANDALL SMART & BRENDA BRYANT
AS ADMINISTRATORS OF THE ESTATE OF
MARQUEZ SMART, AND RANDALL SMART
AND BRENDA BRYANT, AS HEIRS OF
MARQUEZ SMART, DECEASED,
Plaintiffs,
vs.

Case No. 14-cv-02111

THE CITY OF WICHITA, WICHITA POLICE
DEPARTMENT OFFICERS LEE FROESE &
AARON CHAFFEE IN THEIR INDIVIDUAL
AND OFFICIAL CAPACITY,
Defendants.

ORDER ON LIMINE STIPULATION
Pursuant to stipulation of the parties to a limine order (ECF No. 256), the court orders
that the evidence described below is inadmissible. The parties, their counsel, and witnesses are
precluded from referencing such evidence in the presence of the jury, whether by argument,
allegation, or presentation of evidence:
1.

Evidence of insurance coverage for defendant.

2.

Evidence of any obligation of the City of Wichita to defend or indemnify

defendant Chaffee from any judgment.
3.

Evidence of settlement discussions, negotiations, offers, or demands.

4.

Evidence related to other shootings or uses of force by other Wichita police

officers.

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Case 2:14-cv-02111-JPO Document 257 Filed 11/03/20 Page 2 of 2

5.

Evidence of emotional distress, bereavement, mental anguish, loss of

companionship, society or emotional or financial support of either individual plaintiff as a result
of the death of Marquez Smart.
IT IS SO ORDERED on this 3rd day of November, 2020.
s/ James P. O’Hara
JAMES P. O’HARA
U.S. MAGISTRATE JUDGE
APPROVED BY:
/s/ Joe M. McGreevy
Bradley D. Kuhlman
Joe M. McGreevy
KUHLMAN & LUCAS, LLC
4700 Belleview Ave., Suite 300
Kansas City, MO 64112
[phone] / [phone] – fax
[e-mail]
[e-mail]
Attorneys for Plaintiffs

#07844
#25857

and
Andrew B. Protzman
Ben Stelter-Embry
PROTZMAN LAW FIRM, LLC
1100 Main St., Suite 2430
Kansas City, MO 64105
[phone] / [phone] – fax
[e-mail]
[e-mail]
Attorneys for Plaintiffs
/s/ J. Steven Pigg
J. Steven Pigg
Samuel A. Green

#18015
#25891

#09213
#24221

FISHER, PATTERSON, SAYLER & SMITH, L.L.P.

3550 S.W. 5th Street
Topeka, KS 66606
[phone] / [phone] – fax
[e-mail]
[e-mail]
Attorneys for Defendants
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