Williams v. Sanders et al

Filing 89

RULING AND ORDER denying 61 Motion in Limine. Signed by Judge John W. deGravelles on 9/14/2015. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
RONALD WILLIAMS (#403681)
CIVIL ACTION
v.
NO. 12-475-JWD-RLB
JOHN SANDERS, ET AL.
RULING AND ORDER
This matter comes before the Court on Plaintiff Ronald Williams’ Motion in Limine
(R. Doc. 61). Defendants John Sanders, Joshua Francois, James Morris, and Shelton Scales
oppose the motion. (R. Doc. 62). Oral argument is not necessary. For the following reasons, the
Plaintiffs’ motion is denied.
Plaintiff objects to the following language from the Fifth Circuit’s pattern jury instruction
on excessive force: “In deciding whether the force used was excessive, you must give prison
officials wide-ranging deference in the adoption and execution of policies and practices that in
their judgment are needed to preserve internal order and discipline and to maintain internal
security in the prison.” Patter Jury Instructions (Civil Cases), 5th Cir. (2014), 10.7. Plaintiff
claims that this language conflicts with the holding in Hudson v. McMillian, 503 U.S. 1, 112 S.
Ct. 995 (1992).
The Court rejects Plaintiff’s argument. This jury instruction is entirely consistent with
the holding in Hudson and was actually quoted with approval by that court. See Hudson, 503
U.S. at 6-7. Further, this remains the rule in the Fifth Circuit in excessive force cases. See
Baldwin v. Stalder, 137 F.3d 836, 840 (5th Cir. 1998). Plaintiff’s objection has no basis.
Accordingly,

IT IS ORDERED that the Plaintiff Ronald Williams’ Motion in Limine (R. Doc. 61) is
DENIED.
Signed in Baton Rouge, Louisiana, on September 14, 2015.

S

JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA