Spencer v. Rosso et al

Filing 174

ORDER denying 159 Motion in Limine as premature. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/16/2016. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
EDMOND SPENCER (# 253212)
CIVIL ACTION
VERSUS
NO. 15-78-JWD-RLB
WILLIAM ROSSO, ET AL.
ORDER
This matter comes before the Court on the plaintiff’s Motion in Limine (R. Doc. 159).
The plaintiff seeks to exclude from use at trial any evidence regarding his criminal convictions,
disciplinary records while confined, and mental health records.
The plaintiff’s Motion in Limine (R. Doc. 159) shall be denied as premature. Upon the
scheduling of a pretrial conference, the Court will instruct the parties to provide copies of their
proposed exhibits, and the Court will then address the potential admissibility of these exhibits or
testimony at the conference. Plaintiff may refile his motion following that conference should the
defense designate any such evidence.
The plaintiff is advised, however, that should he choose to testify, the fact of one or more
criminal convictions is generally admissibility under the Federal Rules of Evidence on the issue
of the character for truthfulness of a witness in a civil case. See Federal Rule of Evidence
609(a)(1)(A).1 In addition, whereas proof of other instances of misconduct is not generally
admissible to show that a witness has a bad character or acted improperly on another occasion,

Plaintiff’s Motion argues that it “has been well over 10 years since plaintiff’s last criminal conviction. Therefore
this information should be excluded.” (R. Doc. 159 at 1). The limitation on using evidence of prior convictions for
impeachment under Federal Rule of Evidence 609(b), however, applies “if more than 10 years have passed since the
witness’s conviction or release from confinement for it.” (emphasis added). As plaintiff is currently incarcerated, it
appears that this 10 year period has not yet begun with respect to at least one prior conviction.
1

see Federal Rules of Evidence 404(a)(1) and (b)(1), such evidence may be allowed under certain
circumstances, see Federal Rules of Evidence 404(a)(3) and (b)(2). Accordingly,
IT IS ORDERED that the plaintiff’s Motion in Limine (R. Doc. 159) be and is hereby
DENIED AS PREMATURE.
Signed in Baton Rouge, Louisiana, on November 16, 2016.

S

RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE