Harvey v. Douglas County, Kansas Board of Commissioners et al

Filing 232

MEMORANDUM AND ORDER granting 225 defendants' Motion to Limit Testimony of Dr. Goldenson and Nurse LaMarre. Signed by District Judge Carlos Murguia on 03/16/2018. (tvn)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
THE ESTATE OF RACHEL M. HAMMERS,
DECEASED, et al.,
Plaintiffs,
Case No. 15-7994-CM
v.
DOUGLAS COUNTY, KANSAS BOARD OF
COMMISSIONERS, et al.,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the court on defendants Douglas County, Kansas Board of
Commissioners, Sheriff Kenneth M. McGovern, and Kenneth L. Massey’s Motion to Limit Testimony
of Dr. Goldenson and Nurse LaMarre (Doc. 225).
Defendants argue that plaintiffs—for the first time in their response to defendant’s motion for
summary judgment—allege that their experts Dr. Joe Goldenson and Madeleine LaMarre have expertise
in the standard of care for corrections officers. Defendants request the court limit their testimony only
to those opinions contained in their written reports and to prohibit any testimony on the standard of care
for corrections officers.
In response, plaintiffs note that Goldenson and LaMarre have been qualified to provide expert
testimony on the topics of correctional medical care, and have been tasked with the evaluation of
correctional medical systems and monitoring of court-ordered remedial plans—all which require the
evaluation of institutional policies and procedures that extend to both correctional and medical/nursing
personnel. Plaintiffs note that in a civil rights claim brought under 42 U.S.C. § 1983, the key evidentiary
consideration is whether defendants’ medical policies and procedures posed a substantial risk of serious

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harm to the decedent and other similarly situated inmates—not whether a reasonable corrections officer
would have acted the same under similar circumstances. Therefore, the standard of care for a corrections
officer is irrelevant to the § 1983 claim.
Based on a review of the briefing, the court feels the parties are generally on the same page
regarding the issue. The court will order that Goldenson and LaMarre should limit their testimony only
to what is contained within their expert reports—which includes opinions on defendants’ policies and
procedures regarding correctional health care and as to the health care delivery at the Douglas County
Correctional Facility. While this testimony may include opinions on whether correctional personnel
adequately implemented these procedures, plaintiffs are precluded from eliciting any testimony
regarding the standard of care of a correctional officer.
IT IS THEREFORE ORDERED that defendants’ Motion to Limit Testimony of Dr. Goldenson
and Nurse LaMarre (Doc. 225) is granted.

Dated March 16, 2018, at Kansas City, Kansas.

s/ Carlos Murguia
CARLOS MURGUIA
United States District Judge

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