Sylvester v. Cain et al

Filing 94

ORDER denying 90 Motion for Outside Expert Witness. Signed by Magistrate Judge Docia L Dalby on 9/13/2012. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

DAVID SYLVESTER (#342848)

CIVIL ACTION

VERSUS
BURL CAIN, ET AL.

NO. 11-0219-FJP-DLD

ORDER
This matter comes before the Court on the plaintiff’s Motion for Outside Expert Witnesses,
rec.doc.no. 90, pursuant to which he seeks to have the Court appoint an “outside set of experts,”
at government expense, to offset the potentially prejudicial effect of expert testimony which will be
provided by employees of the Louisiana Department of Public Safety and Corrections. The plaintiff
is not entitled to the relief requested. See Choyce v. Velez, 465 Fed.Appx. 367 (5th Cir. 2012),
citing Pedraza v. Jones, 71 F.3d 194 (5th Cir. 1995). If the plaintiff is able to incur the expense of
retaining one or more experts to assist him before and during trial, he may do so. However, he will
otherwise be limited to the use of his own testimony, to that of inmate witnesses, and to that of
witnesses called by the defense and/or subpoenaed by the Court. Accordingly,
IT IS ORDERED that the plaintiff’s Motion for Outside Expert Witnesses, rec.doc.no. 90,
be and it is hereby DENIED.
Signed in Baton Rouge, Louisiana, on September 13, 2012.

MAGISTRATE JUDGE DOCIA L. DALBY